HomeMy WebLinkAboutAmundsen Ltr to Court Aug 2019August 1, 2019
Ramsey County Court Administration
15 West Kellogg Boulevard Room 170
St. Paul, MN 55102
Court File Number 62-CV-19-4965
Re: In the Matter of the Petition to Remove Brian Amundsen
The Honorable John H Guthmann,
Your Honor,
Thank you for allowing a hearing on the matter of the Mounds View Charter Commission
(Commission) Membership and my removal as a commissioner.. I apologize for the lateness of this pre -
hearing document. My wife's family from England arrived July 18, the day I received the city's letter
without attachments, a long planned visit with us in our home. They just left July 30 causing the delay
in this response.
I ask the Court to deny the request for removal, dismiss the case, and notify all parties the matter is
closed on the basis the request has no statutory basis and facts to support the request.
I note for the Court that the request in the cities letter (Letter) dated July 11, 2019 has not listed a
statutory reference, and calls the request for removal "unprecedented". The only statutory authority to
request a removal is listed in MN Statute 410.05 Subdivision 2, which states:
"Any member may be removed at any time from office, by written order of the district court,
the reason for such removal being stated in the order. When any member has failed to perform
the duties of office and has failed to attend four consecutive meetings without being excused by
the commission, the secretary of the charter commission shall file a certificate with the court
setting forth those facts and the district court shall thereupon make its order of removal and the
chief judge shall fill the vacancy created thereby."
The commission secretary has not filed any certificate with the court because the statutory requirements
have not been met. In my opinion "at any time" simply means the removal can occur at any time
during the duration of a commissioner's term if both above conditions are met. It does state or imply
that removal could be for any reason.
I disagree and deny a majority of the statement in the Letter. For example the Letter:
• fails to show any criteria existing under 410.05 to require court removal
• incorrectly states "full complement of commission members" as a requirement for the
commission to function and conduct commission business.
• incorrectly states that the Council sets the direction for the commission goals and policy
• incorrectly states meeting dates
• incorrectly suggests my intent at meetings
• incorrectly characterizes public input (all 12 comments support Jonathan Thomas and me
remaining on the Commission)
• presents incomplete data of Commission membership and reasons for members not re -applying
Case File: 62-CV-19-4965 Pagel of 3
(example leaving the Commission for health or address changes)
In Attachment 1 "Response to Letter of July 11, 2019", I will address as many of these points as
possible to the best of my ability.
In 1978 the citizens petitioned, developed and approved the Mounds View Charter because citizens and
the Council were at odds over a public works project. Then in 1998 the Council attempted to rewrite
the Charter, bypassing the Commission right to extended review (MN 410.12 Subd. 5) of the Council
proposed amendment language to establish a City Manager form of government. This amendment was
rejected by the voters. The current Council in the Letter states they now seek the Commission to
amend specific Chapter 4 Language, which they decided on May 6, 2019, for council member vacancy
appointment by ignoring MN 4101.12 Subd 5 "Amendments proposed by council" and instead direct
the Commission to amend Chapter 4 under MN 410.12 Subd. 7 "Amendment by ordinance", wherein
the Council can approve a Commission recommendation by affirmative vote of all council members
and not be subject to voter ballot. The council members at their July 1, 2019, workshop meeting
discussed that their new model for the Commission was to have city staff perform the research and
legal writing and for the Commission to review the language and send it back to the council for
approval, confirming their desire to avoid 410.12 Subd. 5 and desire to use 410.12 Subd 7. The Letter
states on page 2 their direction to City Administrator Zikmund to implement changes on the
Commission and steer the Commissions focus. I believe the Council may seek the Commission to
amend the Charter language on "vacancy appointment of council members" and proceed to change the
taxation limit caps, possibly remove citizens right to petition public work projects, by "directing" the
commission through city staff and city legal counsel initiated language the Council desires to be in
place. This will in essence remove the very reason the Charter and Commission was established by the
citizens in 1978 and the Council would then become the de facto custodians of the Charter.
The Commission was not established, appointed, or under the direction of the Council or city staff.
The Commission is established by the citizens, appointed by the Court, with its own purpose and
powers authorized under statue. By requesting that I be removed from the Commission, the Council is
attempting to silence my voice on the Commission. The Letter includes that the city staff helped train
the Commission members in March 2019, and the focus was on 410.12 Subd 7 with little mention of
410.12 Subd 5. The Council's desire to eliminate the Commission's separate powers and Council's
desire to direct the Commission's amendments is the fundamental reason the Council desires to remove
me and why they have falsely accused me of conduct and behavior, which are not part of who I am or
how I treat others and think. The combination of the fundamental difference and no statutory basis for
the request are reasons the request should be denied and the case dismissed.
Again, I request Your Honor to deny the request for removal and dismiss this case.
I appreciate the due process Your Honor is seeking and your willingness to hear both sides of the
request, I look forward to answering any further questions Your Honor may have at the hearing on
August 5, 2019 at 9 AM.
Since y and with e ,
Brin'nds
3048 Woodale Drive
Mounds View MN 55112
Case File: 62-CV-19-4965 Page 2 of 3
Cc: Mayor Carol Mueller
Attachments
1. Response to City Letter dated July 11, 2019
2. Commission membership from Court Administrator Revised April 14, 2016.
3. Commission Bylaws 2019
4. MN Statute 410.05
5. MN Statute 410.12
6. Email resignation from Marissa Reyes -Johnson
7. Mound View Council Statement of Values
8. City of Mounds View Approved Minutes of June 10, 2019
9. Corrected Commission membership chart.
10. City Council Approved Minutes of January B 2017
11. Email from 2"d Vice Chair Brandon Clawson Canceling July 16, 2019 meeting.
12. Email from Brian Amundsen to Commission May 16, 2019
Case File: 62-CV 19-4965 Page 3 of 3
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
The following pages are submitted in response to the City of Mounds View letter (Letter) signed by
Mayor Carol Mueller, dated July 11, 2019. The phrases in quotes are taken verbatim from the Letter.
My responses are the bullets below the quoted phrase or para-phase of the Letter.
Paragraph 1.
The Letter is requesting the Court's "help in considering the removal" of me from the Mounds View
Charter Commission (Commission).
Response
• Removal of a charter commissioner is listed in MN Statute 410.05 (Attachment 4).
• MN Statute 410.05 Subd. 2 lists removal reason criteria as:
"Any member may be removed at any time from office, by written order of the district
court, the reason for such removal being stated in the order. When any member has failed to
perform the duties of office and has failed to attend four consecutive meetings without being
excused by the commission, the secretary of the charter commission shall file a certificate
with the court setting forth those facts and the district court shall thereupon make its order
of removal and the chief judge shall fill the vacancy created thereby."
• No certificate has been presented by the Commission's secretary to the Court with the required
statement of facts for considering removal.
• I have performed my duties and attended Commission meetings. In fact at the May 21 meeting I
was seeking clarification of the Secretaries duties, which were being changed without amending
the Bylaws.
• Statute 410 established the charter commission as a separate body with its purpose and authority
specified in statute, which included authority to limit distribution of administrative and mayor
powers in 410.18 and 410.19 respectively. These establish a hierarchy of commission control of
city powers and does not provide Council or administrative control of the Commission.
• 1 agree my current appointment is through October 28.2020.
Paragraph 2.
The Letter states this is "unprecedented."
• I agree this request appears to be unprecedented.
• I disagree that the request should be allowed because no criteria for removal has been met.
• In my opinion if the request, based on information stated in the Letter, is granted it might have
ramifications to future Commission membership in Mounds View and potentially to other
charter commissions throughout the state.
The Letter states there was effort "to achieve a full complement of Commission members ... to address
important issues involving the Mounds View City Charter (Charter)"
• I disagree with the premise of the statement.
• The Letter's statement lays a premise for the Court to agree that only a "full complement" is a
requirement for the Commission to function and address amendment requests. However, 410.05
states:
o "The charter commission, within 30 days after the initial appointment of the commission,
shall make rules, including quorum requirements, with reference to its operations and
procedures."
Page 1 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
• Statute 410.05 requires and authorizes the Commission to set their own "quorum" level for
conducting business and does not require "full complement of membership" anywhere in
statute.
• The Commission Bylaws, Revised 2019 (Attachment 3 Bylaws) identifies the Commission's
quorum, as 5 members if nine are appointed or 4 members if less than nine are appointed.
• Commission membership at this time and since April 2016, prior to my current appointment
made by the Court, has exceeded the Bylaws' quorum requirement to conduct business.
• The Council has not submitted ordinances for any proposed amendments, per MN Statute
410.12 Subd 7 (Attachment 5), to the Commission for review of "important issues involving the
Mounds View City Charter".
The Letter states the Commission chair (Commissioner Marissa Reyes -Johnson) abruptly resigned and
that there are two other pending resignations following the Commission's meeting on May 21, 2019.
• I agree that Commissioner Reyes -Johnson resigned after the May 21 meeting.
• Commissioner Reyes -Johnson's resignation (Attachment 6) does not state her reason.
• To my knowledge no other resignations have been received.
• The Letter does not name the two other commissioners threatening resignations.
• The two commissioner names have never been released so their intent and reasons are not
verifiable.
• The Letter's math is incorrect, one resignation plus two pending would reduce the Commission's
membership by 3 of 9 members. Even if the additional resignations occur the Commission's
ability to have quorum is not impaired and the Commission can continue to function with as
few as four.
• Other commissioners making threats to resign unless I'm removed is a bullying behavior and
should not be tolerated or be reason for removal of another commissioner.
• In my opinion, city staff and Council have a bias towards and against various Commission
members and tolerate behaviors from some, but not others (ie. demands to remove another
member.)
Paragraph 3.
The Letter provides a history of the Council actions leading them to this request of the Court.
• There are a number of inaccurate dates in the paragraph, which are detailed below.
• The Letter doesn't mention the lack of due process afford me and required by the Council's
Statement of Values (Attachment 7) or code of conduct when working with volunteers.
• The Letter does not identify which historical data, emails, legal opinions the Council viewed
nor was this information made public or shared with me.
The Letter states that they held a workshop meeting on June 4, 2019, to discuss my removal.
• I disagree.
• The meeting was June 3, 2019, publicly televised.
• The Council did not follow its due process requirement specified in its "Statement of Values".
• 1 was not contacted by any Council member or the city administrator prior to the June 3 public
discussion regarding concerns about me at the May 21, 2019, Commission meeting. Nor was
Page 2 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
the public or I made aware that the Council intended to discussed removal of both
Commissioner Thomas and me at that meeting, which would have given me an opportunity to
speak to the issues. Council member Hull expressed his desire to have heard from
Commissioner Thomas and me that evening.
The listed agenda item was "Charter Commission Members."
The Letter states this was an agenda item on June 11, 2019.
• I disagree.
• The meeting was June 10, 2019.
• This item was a staff report, which did not allow public comments during the discussion.
The Letter states "substantive public input was given".
• I agree there was substantive positive public input, all of which supported Commissioner
Thomas and me. In additional the Council chamber was full with other supported citizens.
• The public comments were all in favor of Commissioner Thomas and me staying on the
Commission and questioning the Council motives.
• Comments were given by 12 people, (Attachment 8, Item 6 Public Comment).
• Mayor Mueller responded to the public comments at the June 10 meeting. She stated that "it
was like taking out pruning shears and shearing off some of the old growth to allow the younger
plants to thrive." The Commission is not a garden of the Council, nor are commissioners plants,
which I felt was disrespectful to Jonathan Thomas and me. Referring to us as "old growth"
seems to imply age discrimination.
The Letter states that after the June 11 meeting they met with 5 commissioners independently.
• At the June 10 meeting I agreed to attend a meeting that would be held with Commissioner
Thomas, the unnamed commissioners, the city administrator, and two council members.
• The June 10 meeting agreement with the Council was an approved motion. I understood the
approved motion (Attachment 8) was to discuss the Council's and "unnamed" commissioners
concerns.
• On the day of the meeting, June 18, I learned the meetings format was changed to private
separate meetings with individual commissioners. Unknown to me and without my agreement
the Council changed meeting format. In fact I showed up for the meeting at 3:30 and was
denied access to the meeting, told by City Administrator Zikmund this was Mr. Thomas meeting
time, and I should return in an hour for mine.
• My meeting on June 18 was with 3 council members (quorum) behind security keyed doors in
the city administrator's office with the door closed. It was not accessible to the public. The
Quorum Notification Statement was posted same day. My wife wanted to attend the meeting
discussion, but City Administrator Zikmund had informed me, by email, on June 13 that no
additional observers would be present at the meeting. At my meeting the opening statement
from the Mayor was to again ask for my resignation. At the close of the meeting, the Mayor
stated the council had decided to send a removal request letter to the Court. I witnessed no
discussion of the three members to concur with the mayor's statement. A digital recording of the
meeting is available for the Court if needed.
Page 3 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
The Letter states that the Council met on July 1, 2019, again to discuss removal.
• I agree with the statement.
• The Council on July 1, 2019, again publicly discussed removing both Commissioner Thomas
and me from the Commission, without notice to either of us. During that meeting the Council
decided by consensus (no formal motion was made) to request only my removal, directing city
staff to prepare a letter to the Court for my remove. The Council further discussed its vision and
model of a next generation Commission which has staff and city attorney develop charter
language amendments with the Commission simply reviewing those amendments before they
are sent back to the Council.
• The Letter fails to state that the Council reviewed the removal letter as a staff report on July 8
Council meeting. The document was not read publicly or provided to the public. The Council
did not make a motion to send the letter. The Council's letter was prepared by "consent".
The Letter states that the Commission will have "high turnover resulting in continuation of a
dysfunctional and ineffective Commission."
• I disagree with the statement.
• The Commission can functioned by 410.12 (Attachment 5) post Charter adoption when its
quorum is present, for its purpose as stated in the Bylaws (Attachment 3) and quoted here:
"Article 1, Section 2 Purpose. The purpose of the Charter Commission is to serve as the
custodians of the Mounds View City Charter in accordance with state law, these bylaws and rules of the
Charter Commission."
The Letter include two charts of the Commission membership (Letter Attachments 1 and 2.)
• I disagree with the Council conclusion that any previous commissioner term was shortened due
to my presence on the Commission.
• The Commission membership continued to decline when I was not on the Commission in 2007
and 2008.
• Commissioners are not required to serve beyond their appointment or provide any reason or
documentation as to why they are leaving the Commission at the conclusion of their
appointment.
• I disagree with the charts and request they be removed from the case file.
• The first chart is faulty because it doesn't show the term to which each commissioner was
assigned. Statute 410.05 requires half of the commission appointment terms expire every two
years. The commissioners assigned term may have been open for a period of time before
assignment, such as my 2009 appointment filled a term which ended in 2012, resulting in me
serving just three years instead of four. The chart should be discarded and replaced with one
showing the term rotation every two years, the appointment date, and written resignation
reasons provided by the commissioners (like Don Johnson who resigned for health reasons.)
Also, the chart is based on a December 31 end of year calendar, but the Commission effective
calendar ends October 31.
• Attachment 9 of this response is an alternate representation of the Commission assignments and
includes the commissioner reasons for leaving as researched from resignation letters. Even if
the chart shows commissioners serving for short periods of time, that doesn't reflect context of
Page 4 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
why they're not continuing to serve beyond their appointment.
Paragraph 4,
The Letter states that my conduct and behavior has delayed the Commission in addressing goals and
obtaining quorum.
• I disagree with the statement.
• No examples of my conduct or behavior are provided that supports their statement that I am
delaying the Commission or preventing a quorum.
• The Commission has not set any goals for itself or been prevented from functioning.
• The Commission has not received citizen petitions for review per MN 410.12.
• The Commission has not received any Council proposed amendments for review per MN
410.12.
• I've attended Commission meetings fulfilling my office duties. My intent is to fulfill my duty
and to be in attendance at all meetings.
The Letter states that the attached data (I assume Letter Attachment 2) shows reductions in
Commission membership and inability to reach full complement and that quorum was not achieved in
various years.
• I disagree with the statement.
• The statements of Commission reductions and lack of quorum delaying Commission business is
not supported by the facts that the Commission has had a quorum present at its meetings since
October 2016, my current appointment start date.
• As previously stated, Statute 410 doesn't require a "full compliment" of commissioners to
conduct business.
• As previously noted Statute 410.05 authorizes the Commission to establish its own quorum.
• As previously stated the Bylaws' specification of quorum was changed in Nov 2016 to read:
"Section 3. Quorum_ In accordance with Minnesota Statutes Section 410,05, as amended, a quonim
shall be defined as follows: If there are nine (9) qualified and acting members, then five (5) members
shall constitute a quorum. If there are less than nine (9) qualified and acting members, then four (4)
members shall constitute a quorum for the purpose of conducting the commission's business and
exercising its powers and for all other purposes, If the commission lacks a quorum, a smaller number of
members may set a time to reconvene the commission, continue to meet as a subcommittee if desired,
and report their discussions to the commission."
• Prior to 2016 the Commissions 2003 Bylaws Article 3 stated:
" Section 3. Quorum. A majority of qualified and acting members shall constitute a quorum for the
purpose of conducting the Commission's business and exercising its powers and for all other
purposes, but a smaller number of members may adjourn from time to time. "
• Prior to 2003 the Commissions 1993 Bylaws Article 3 stated:
"Section 3. Quorum, The powers of the Commission shall be vested in the members thereof in office
Page 5 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
from time to time. A majority of qualified and acting members shall constitute a quorum for the
purpose of conducting the Commission's business and exercising its powers and for all other purposes,
but a smaller number of members may adjourn from time to time."
During my previous appointments, in 2002-2006 and 2009-2016, the Commission quorum was
based on a majority of qualified and acting members.
During my present appointment the Commission quorum is 5of 9, or 4 if less than 9, are
present.
The Council has not questioned Commission Charter language amendment resolutions
submitted to the Council since 2002, including years the Letter suggests quorum was not met.
Paragraph 5 (top of Letter page 2)
The Letter states that the Council efforts brought the Commission to five in the fall of 2016.
• I disagree.
• As previously stated the Courts own records show that the Commission was at five members in
April 2016, which is earlier than fall of 2016.
• I also want to note that at many Commission meetings I requested the public consider becoming
a Commission member. Commissioner Don Johnson joined because he heard that request.
The Letter states that the Commission changed the bylaws in 2017.
• I disagree,
• The Commission made no changes to the Bylaws in 2017. The Commission amended its
Bylaws at a quorum meeting on November 16, 2016, when an amendment for commission
members was approved for nine members and quorum changed to five of nine or four if less
than nine. The Bylaws were filed with the Court shortly thereafter,
The Letter states that due to extensive efforts by Council and city staff the Commission achieved 8
members by the end of 2018.
• I disagree.
• Four commissioners reapplied for appointments in 2018 without any effort of the Council or
city staff. One commissioner was not reappointed due to the Council sending a resolution to the
Court asking to deny the reappointment of founding Commission member William Doty (who
required some excused absences for health reasons) and instead replacing him with one of their
nominations.
The Commission was at seven members in April 2018 as a result of Russel Warren applying in
answer to the Commission public announcement of openings.
The Letter refers to hopefulness about important issues facing the city.
• I can't agree or disagree with the feelings of council members.
• The Letter doesn't specify any important issue the Council had or has for the Commission.
• The Council has not proposed an amendment per 410.12 requiring a Commission response.
• The only question the Council has verbally discussed with Commissioner Thomas and me was
on October 3, 2016, when we discussed the Commission's review of Chapter 8 language. On
Page 6 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965
October 3, 2016, Council member Meelhouse asked if the commission could investigate the
Charter language on council vacancy appointments to avoid the cost of special elections,
When brought to the Commission's meeting on November 11, 2016, the Commission submitted
questions back to the Council requesting a more detailed request. The Council responded in
January 23, 2017, (Attachment 10) that their intent was to have the vacancy language replace
365 days with two years via an ordinance, triggering MN 410.12 Subd. 5 "Amendments
proposed by the council." As of today, the Commission has not received the proposed
amendment with the specified language for review.
The Commission, for its part, continued to research special election uniform dates enacted in
2017 for impact to Chapter 4 elections and vacancy language. The Commission on May 21,
2019, forwarded to City Attorney Riggs draft amendment language for compliance with
uniform special election date and vacancy appointment. City Attorney Riggs agreed to review
and report back for the Commission's scheduled meeting on July 16, 2019. The July 16, 2019,
meeting was canceled by the Commissioner Clawson as 2' Vice Chair in consultation with the
City Attorney Riggs. (Attachment 11)
The Council at its May 6, 2019, workshop meeting by consensus stated they wanted the 365
days changed to 18 months. The Council has not submitted this specific language amendment
to the Commission under 410.12 Subd.5.
The Letter states that my behavior at the May 21, 2019, followed a pattern of undermining the chair
and causing the resignation of Commissioner Reyes -Johnson.
• I disagree with the statement.
• My intent at every Commission meeting is to fulfill my duties, follow the Bylaws, and be a
contributing member of the Commission
My intent and actions at the May 21, 2019, meeting were to ask the Commission to follow the
Bylaws' agenda format and clarify my duties as Secretary. The Commission approved the
agenda, follow Bylaws' format, and extended the meeting to finish that evenings business.
Commissioner Reyes -Johnson did not indicate why she resigned.
Paragraph 6
The Letter states that unapproved minutes of the Commission are included.
• I disagree.
• The Letter's enclosed attachment is not the unapproved minutes of the Commission.
• The enclosed item is the work product of Time Savers, a transcribe service the Commission is
evaluating on a trial basis.
• On May 21,2019, the Commission voted and decided that the secretary produced minutes were
the official minutes of the Commission at this time.
The Letter states that the video provides body language, voice modulation and inflection of
Commission members.
• I disagree with the premise that any recording can provide a persons intent.
Paragraph 7
Page 7 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
The Letter states that the Council's consistent direction to the Commission has been to simplify
language for residents.
• I disagree.
• MN Statutes do not provide for the Council to "direct" the Commission activities or procedures.
• MN 410.12 provides the means for the Council to proposed amendments to be considered by
the Commission.
• I disagree that the concept of "simplification" is either a purpose, duty of the Commission, or a
proper request from the Council for language amendment under 410.12.
• The Charter is a legal document and sometimes can be specific with statute language usage.
The Letter states that Commission turnover, combined with focus on minutia, extreme formality, and
substantive resistance to change as well as repeated rejection of City Attorney advice has compound
negative impact.
• I disagree with the statement.
• My intent is to perform my duties per my oath of office "... that I will support the Constitution
of the United States and the State of Minnesota and will faithfully discharge the duties of said
office to the best of my judgment and ability, so help me God."
• My intent is to follow the duties by understanding MN 410.12 amendment procedures for the
Charter. My duty and intent is to follow those laws, even if they are detailed and formal.
• The Commission Bylaws are reviewed, as required, every two years by the commissioners.
• The Commission reviewed and approved the Bylaws on January 29, 2019.
• The Bylaws established procedures, meeting format, and duties of its officers.
• The Bylaws specify the use of Roberts Rules of Order for conducting Commission meetings.
• The Letter states that I reject City Attorney advice. I'm not aware of a requirement to
automatically accept an attorney's advice and my oath is to also use my best judgment.
• During my tenure the Commission has not appointed a Commission Attorney, Mr. Riggs or any
other, to provide regular ongoing counsel. City Attorney Riggs' firm, Kennedy and Graven,
represents the City Council. In my opinion there may sometimes be a conflict of interest for an
attorney to be providing advice to two clients who may have different opinion at times.
• Neither the Bylaws nor the Charter specify the city attorney as the counsel for the Commission,
yet the Council and Kennedy and Graven consistently refer to Mr. Riggs as the Commission's
Attorney.
• In my judgment, it seems prudent for a commissioner to request statute reference or legal
standards when hearing legal opinions. Critical thinking and analysis is part of my thinking
process and training as a network systems engineer.
The Letter refers to the attached document illustration of most commissioners having minimal service.
• I disagree with the statement.
• The Letter Attachment 1 shows that most members have 2 or more years of service,
representing they have served more than half of their appointment time.
• The Court may also look at the tenure and see that the most tenured members (William Doty,
Jonathan Thomas and myself) are being consistently asked to be removed.
Page 8 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965
The Letter states that public policy adoption and Charter updates simply fail by reliving the previous
Commission meetings.
• I disagree with the statement.
• The Letter provides no evidence of reliving previous meetings.
• The Commission's purpose is to be custodians of the Charter and address citizen petitions or
Council resolutions for amendments, as stated in the Bylaws.
• The Commission has no requirement to change any part of Charter on its own initiative.
• Old business is a standard agenda item, and is designated in Bylaws.
The Letter states that the Commission spent 8 plus years discussing issues related to revising Chapter 8.
• The Commission's option in 410.12 Subd. 7 has no specific statutory timeline for Charter
language considerations or amendments it undertakes by its own initiative.
• Charter Chapter 8 did not have a citizen petition or Council proposed amendment to trigger a
shorter timeline as specified in 410.12.
The flow chart referred to by the Letter is a timeline illustration only and it is visual aid of the
steps for the Council and public to follow. It was acceptable to the previous Council
membership when unanimously approved for adoption by the Council.
The second example of the Commission review of Chapter 4 Nominations and Elections was
previously discussed. The July 16 Commission meeting was canceled by the 2" Vice Chair, out
of order of proper descent of authority per Bylaws (Attachment 3, Article II, Section 3), under
advice of the City Attorney (Attachment 11). Mr Thomas is the Commission Vice Chair and
assumes those duties until a new chair is elected. Mr. Thomas has not resigned as acting chair or
his commission. This again illustrates the conflict of interest of the City Attorney representing
two different entities.
The Letter states that the Council advocated for "simplification" in both cases.
• I disagree.
• No documentation or communication to the Commission of Council direction is provided.
Paragraph 8
The Letter states that in January 2018 the Council established goals for Mr. Zikmund as a component of
his hiring, to work with the Commission.
• Mr. Zikmund did not reach out and attempt to work with the Commission in 2018 while I was
serving as the Commission's chair.
• Mr. Zikmund did not share any of the Councils concerns as listed in the Letter with me or at
Commission meetings.
Paragraph 9
The Letter states that the Council direction and support was met with resistance by me.
• I disagree.
• The Council direction, via the city administrator, regarding Commission activities and
procedures is disputed.
• The statutes provide no role for the Council and city staff as ad -hock members or advisory
Page 9 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
capacity to the Commission.
Commission Bylaws in the officer duties state that the Chair acts as primary liaison to city staff
in implementing the decisions of the Commission and that the Commission Secretary submits a
copy of the Chair's annual report to the Court and to the City Administrator. (Attachment 3,
Article II, Section 2 and Section 4)
My comment to City Administrator Zikmund was in the context of Mr. Zikmund and the Chair
not returning my phone and email messages for ten days, prior to the May 21 meeting,
requesting the "trial" Time Saver minutes, so they could be submitted to the Chair as required
by Bylaws. Mr. Zikmund stated that the process had changed and could only say the Chair
made the change in consultation with him. He then told me he had invited City Attorney Riggs
to the next Commission meeting.
The Letter states that "... with the indifference and rejection of advice from the City Attorney (who is
council to the Commission) the relationship with City Staff is less than desirable and in fact, difficult."
• I disagree with the statement on a number of items.
• I have no indifference to the City Attorney.
• I do consider advice from the City Attorney, but also seek to verify the advice by separate
research. During the Commission's May 21, 2019, meeting City Attorney Riggs and I agreed on
some points.
• MN 410.06 states the Commission is authorized to employ an attorney
o "...the commission may employ an attorney and other personnel to assist in framing such
charter, and any amendment or revision thereof, and the reasonable compensation and the
cost of printing such charter, or any amendment or revision thereof, when so directed by the
commission, shall be paid by such city."
• To my knowledge and during my tenure the Commission has not made a motion to employ an
attorney.
• The Commission Bylaws do not set a relationship with the Council's attorney or name them as
automatic counsel to the Commission.
• I disagree with the Letter's assertion that my relationship is difficult with city staff. The
relationship with the former City Administrator Ericson, Mayor Flaherty and Mayor Marty were
congenial and professional. I also feel that my relationship with Mr. Riggs is congenial and
professional. As recently as May 21, 2019, immediately after the meeting we exchanged
pleasantries. He also stated he doesn't take any offense to my questions personally and
understands I'm simply asking for informational purposes.
Paragraph 10 (top of Letter page 3)
The Letter states that at the May 21,2019, meeting I undermined the chair by introducing and insisting
on an amended agenda without providing a printed version in advance to the Chair.
• I disagree with the statement.
My intent at that meeting was to simply ask the Commission to follow the Bylaws' agenda
format. At the May 21 meeting the Commission approved the motion to follow Bylaws
specified agenda format.
It would have been presumptuous of me to bring a printed proposed agenda not knowing what
agenda the Commission would approve. No disrespect was intended.
Page 10 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965
The Chair and commissioners were notified 5 days prior to the meeting (Attachment 12, Email
to Commission dated May 16, 2019) by email that I planned to ask for an agenda modification
in order to clarify follow our own Bylaws.
One member of a nine member commission can only propose, hope for a second and speak to
the motion. It is the will of the body that determines if the motion is adopted or not.
The Letter states that the "agenda included items specific to furtherance of his importance as Secretary,
which resulted in the meeting being extended with several members questioning his motives."
• I disagree with the statement.
• The intent of the secretary duties agenda item, approved by the Commission, was to get clarity
from the Commission about the secretary's duties, or have the Commission amend the duties
and Bylaws.
• The City Administrator had informed me that the Chair had changed the secretary duties and
process, which is not within the chair's authority. I was seeking clarity, and stated so at the
meeting. The secretary duties are specified in Bylaws and statute.
• Statute 410.05 does have statutory requirements of the secretary, indicating some importance to
the position of secretary for the Commission's functioning.
• The commissioners did not appear to question my motives, but rather one commissioner asked
"what are you trying to accomplish?"
• The Commission made no changes to the secretary duties or practices on May 21, 2019.
The Letter states "This lack of respect for others time, disrespect for the Chair, and dismissive attitude
towards the Commission and City Attorney are the primary cause of the actual resignation and multiple
pending resignations."
• I disagree with the statement.
• The Commission approved the meeting time extension, since the meetings agenda items had not
been addressed in the allotted time.
• I respect the Bylaws, the other commissioners and the City Attorney as persons. Having a
difference of opinion does not imply disrespect of the person with whom you disagree.
• Motions made on May 21, 2019, were seconded and subsequently approved by the
Commission, with orderly debate.
• The Chair conducted the meeting.
• The Chair did not provide reason for her resignation.
• No commissioner has approached me about feelings of disrespect. However, as I stated at the
Council's meeting on June 10, 2019, if anyone felt any disrespect from me, it was not my intent
and I'm sorry.
Paragraph 11
The Letter states that "The dysfunction and ineffectiveness of the Charter Commission for more than a
decade continues to prohibit the Council and the City from realizing the necessary contributions of the
Commission and willing members that have stepped forward to serve the community."
• I disagree with the statement.
• This statement is attacking the entire Commission as a body, while their action targets just me,
Page 11 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV-19-4965
one of nine commission members. One member is not responsible for the functionality of the
whole.
• The Commission has not prohibited the Council's ability to send Charter amendment language
to the Commission under MN 410.12 Subd.5.
• The Commission is functional as stated earlier. No impediment exist for the Commission to
contribute to Charter amendment processes.
• This is a subjective statement and an opinion, not a statement of fact.
The Letter states that " The Council's analysis, observations, review and discussions lead it to the
unfortunate but necessary conclusion that the removal of Mr. Amundsen is necessary for the success of
the Commission and the City. The consequence of failing to take this action will result in a continuation
of past Commission practice and dysfunction. The most recent events involving the Commission
provide extreme clarity on this point."
• I disagree with the Council's conclusion that my removal is necessary for the Commission to
function and perform its purpose.
• I disagree that the Commission has been or is dysfunctional for reasons previously stated.
• I disagree that failure of the Court to take action will result in past Commission practices. In
fact my removal could yield much more serious consequences for our citizens and city going
forward.
• I do suggest that this precedent might have a chilling effect to charter commissions and be a
miscarriage of justice to me, while also blurring statutory authority of the Court and separation
of powers between a charter commission and a city council.
Paragraph 12
The Letter states that "In closing, the Mounds View City Council has minimal desire to harm or
criticize a long serving individual of the community and prefers to focus on the viability of a
functioning Charter Commission body."
• I disagree with the statement.
• I believe the Council has some level of desire to harm and criticize me and my character as
evidenced in this request and heard at Council meetings.
• The Letter states that the Council has had three meetings, I've identified five (6/3, 6/11, 6/18,
7/1, 7/8), where the Council spoke negatively at length about my character, actions, attitudes,
motives, intent, and contributions as a commissioner.
• The Council has not followed its own Statement of Values on numerous occasions.
• The Mayor has spoken about me as an "old growth", incorrectly suggested my intent, has
ignored Public input, and used negative language in describing my character.
• I disagree that their focus is on a viable charter commission body, as stated in my cover letter
• The Council's and city staff public statements have caused me and my family great harm.
The Letter refers to the city appointed commissions and Comprehensive Plan Task Force and their
functioning.
• The Charter Commission is not appointed or under direction of the Council so comparisons to
other city committees who do serve under Council authority and direction is irrelevant to this
Page 12 of 13
Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965
case.
The Commission is under direction of Minnesota Statutes and its own Bylaws.
In my judgment, the Commission is fully functional at this time.
The Council can access MN 410.12 Subd. 5 to propose amendments and have an expectation of
a specific timeline, stated in the statute, to address their amendments.
Page 13 of 13
CourL- R 1e N U m ber'
SD'-CV-19-q9(0
Wendy Van Duyne
Court Operations Supervisor, Civil Division
Court House RM 600
15 West Kellogg Blvd
St. Paul, MN, 55102
651-266-8250
July 28, 2016
Brian Amundsen
3048 Woodale Drive
Mounds View MN 55112
Re: Mounds View Charter Commission
Dear Mr. Amundsen:
Please be advised that your term with the Mounds View Charter Commission will expire
as of October 31, 2016. If you wish to be considered for another term, please fill out the
enclosed application and return it to my attention at the below address by September 15, 2016:
Ramsey County District Court
Civil Division- Room 600
15 West Kellogg Blvd.
St. Paul MN 55102-1652
Please do not hesitate to contact me with any questions or concerns. Thank you for your
consideration.
Thank you,
Wendy iWn Duyne
Court Operations Supervisor
Civil Division
e '
MOUNDS VIEW CHARTER COMMISSION MEMBERS
(REVISED April 14, 2016)
Name Add�•ess
Phn�p
Brian Amundsen 3048 Woodale Drive
Mounds View, MN 55112 763-786-5699 10/31/16
Bill Doty 3049 Bronson Drive
MN 55112 763-786-3421 10/31/18
Mounds View
Don Johnson 7580 Knollwood Drive
N 55112 651-280-9092 10/31/2U
Mounds View, M
Jerry Peterson 8125 Red Oak Drive
612-607-3953 10/31/20
Mounds View, MN 55112
Joluiathan Thomas 8040 Groveland Road
763-784-5205
Mounds View, 10/31/16
, MN 55112
STAFF:
Jim Ericson, City Administrator
City of Mounds View
www.ci.�nounds-view. m��. us
Teresa Warner, Chief Judge
2" " Judicial District
Wendy Van Duyne, Court Operations Supervisor
2" d Judicial District
Wend :_vandu Inc er courts.state.nin.us
2401 County Read 10
Mounds View MN 55112
763-7I7-4001
15. W. Kellogg Blvd.
St. Paul MN 55102
15 W. Kellogg Blvd.
St. Paul MN 55102
651-266-8250
00o r L V,'/e, NumLr
MOUNDS VIEW CHARTER COMMISSION
BYLAWS
Adopted: January 29, 2019
Section 1. Name of Commission. The name of the Commission is the "Charter Commission of
Mounds View, Minnesota."
Section 2. Purpose. The purpose of the Charter Commission is to serve as custodians of the
Mounds View City Charter in accordance with state laws, these bylaws and rules of the Charter
Commission.
Section 3. Offict oFjCqmrnj5sion. The offices of the Commission are at Mounds View City Hall
for purposes of official Commission business.
Section 4. M@Mhers. The Commission is composed of up to and including nine (9) members.
Members shall serve during their term and until their successors are appointed and have qualified,
pursuant to Minnesota Statutes, Section 410.05, as amended.
Section 5. Records. Each member shall receive a copy of the City Charter and the Commission
Bylaws. The current City Charter shall be kept on file at the City offices and made available for
public review.
Section 6. Review of Bylaws, The Bylaws shall be reviewed at least once every two years.
ARTICLE 11 - OFFICERS
Section 1. Officers, The officers of the Commission are the Chair, Vice -Chair, Second Vice -Chair
and Secretary.
Section 2. _ air. The Chair shall call the regular meetings of the Commission, prepare the
agenda, preside at all meetings, oversee the implementation of the decisions of the Commission,
forward any documents to the city for action or archive, and act as the primary liaison with City
staff. The Chair retains all the rights and responsibilities held as a member of the Commission
including the right to vote. By the December meeting each year, the Chair shall submit to the
Commission for its approval, an annual report summarizing the activities and accomplishments of
the Commission for the calendar year. The annual report to the Commission may contain the
Chair's recommendation for Commission activities for the ensuing year.
Section 3. Vice -Chair, The Vice -Chair shall perform the duties of the Chair during the Chair's
temporary absence, and shall perform such duties during any vacancy of that office until the
Commission elects a new Chair.
Section 4. Second Vice -Chair. The Second Vice -Chair shall perform the duties of the Vice -Chair
during the Vice -Chair's temporary absence, and shall perform such duties during any vacancy of that
office until the Commission elects a new Vice -Chair.
Mounds View Charter Commission By-laws January 29, 2019 Page 1
Section 5. Smretarv. The Secretary shall prepare the records, record the minutes and votes at each
meeting stating what was done, not what was said, and submit them to the Chair before the next
regularly scheduled meeting. On or before December 31st of each year, the Secretary shall submit to
the Chief Judge of the District Court the Chair's approved annual report outlining the Commission's
activities and accomplishments. The Secretary shall forward a copy of the report to the City
Administrator. The Commission may designate by majority voice vote an Assistant Secretary from
the Charter Commission membership whose duties shall be to assist the Secretary, and to perform
the duties of Secretary in the event of the absence or vacation of office by the Secretary until such
time as the Commission elects a new Secretary.
Section 6. A,tlditional Duties. The officers of the Commission shall perform such other duties and
functions as may from time to time be required by the Commission or its bylaws or rules.
Section 7. ata n• Expenses, The members of the Commission shall receive no
compensation, but the Commission may employ an attorney and other personnel to assist in
amending or revising the City Charter, and the reasonable compensation and the cost of printing
such charter, or any amendment or revision thereof, when so directed by the Commission shall be
paid by the City. The amount of reasonable and necessary Commission expenses shall be so paid by
the City in accordance with Minnesota Statutes Section 410.06, as amended.
Section 8. Elections, The Chair, Vice -Chair, Second Vice -Chair and Secretary shall be elected
from among the members of the Commission within 90 days after November 1st of even -numbered
years, and shall hold office for two years or until their successors are elected and qualified. The
Chair shall conduct the election. Officers shall be declared elected and qualified by a simple
majority vote of those present and voting. Nomination for the position of Chair requires one year of
service on the commission to be eligible. No officer shall be eligible to hold more than six
consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has
served more than half of a term is considered to have served a full term in that office. Newly elected
officers shall take office at the close of the meeting in which the election is held.
Section 9. Vacancies. Vacancy in an office is declared by a motion brought before the Commission
by any Commissioner when a member resigns or a member is absent from four consecutive regular
Commission meetings without being excused by the Commission. A vacancy in the office of Chair,
Vice -Chair, Second Vice -Chair or Secretary shall be filled by a special election by the Commission
within 90 days of the vacancy. The elected successor shall serve the unexpired term of office starting
at the close of the meeting in which the election is held.
Section 10. Appointments. It is the responsibility of each individual member that is eligible for re-
appointment to submit to the Judicial District Court Chief Judge the appropriate paper work for re-
appointment consideration. A qualified and acting member shall be defined as a person who has
been appointed by the Judicial District Court Chief Judge and has confirmed their acceptance of that
appointment by signing and returning a notarized oath of acceptance.
Mounds View Charter Commission By-laws January 29, 2019 Page 2
ARTICLE III — MEETINGS
Section 1. Regalar Meetings. The Commission shall meet at least once during each calendar year.
The Commission shall also meet upon presentation of a petition with signatures numbering at least
ten percent of the total City of Mounds View ballots cast for President in the most recent Presidential
election, or upon resolution approved by a majority of the City Council, requesting the Commission
to convene, the commission shall meet to consider the proposals set forth in such petition or
resolution. All meetings shall be held in the Mounds View City Hall unless meeting notices state
otherwise. All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes,
Section 471.705, as amended). The meetings will be conducted in accordance with Robert's Rules
of Order Newly Revised.
Section 2. 5 eeial Meetings. The Chair or any two members of the Commission may call a
special meeting to transact any business stated in the meeting notice in accordance with state law.
Notice of the special meeting shall state the time, date, place and business to be conducted at the
special meeting. Notices may be delivered by email or any method of contact that provides an
acknowledgment of receipt of the notice. Any member that does not acknowledge receipt must have
the notice delivered in person or mailed to the member's designated mailing address at least three
days prior to the special meeting. The business to be considered at special meetings shall be limited
to that stated in the meeting notice unless all members of the Commission are present and vote
unanimously to conduct additional business.
Section 3. Quorum. In accordance with Minnesota Statutes Section 410.05, as amended, a quorum
shall be defined as follows: If there are nine (9) qualified and acting members, then five (5) members
shall constitute a quorum. If there are less than nine (9) qualified and acting members, then four (4)
members shall constitute a quorum for the purpose of conducting the commission's business and
exercising its powers and for all other purposes. If the commission lacks a quorum, a smaller number
of members may set a time to reconvene the commission, continue to meet as a subcommittee if
desired, and report their discussions to the commission.
Section 4. Order of Business.
The Commission shall use the following order of business at its meetings:
1. Call to Order
2. Roll Call.
3. Approval of Minutes.
4. Citizens Comments from the floor.
5. Reports of the Chair.
6. Reports from members or committees.
7. Unfinished Business.
8. New Business.
9. Adjournment.
Order of Business may be changed at a meeting by a majority vote of the commission members
present.
Section 5. Committees.
The Commission may establish and appoint committees. Each committee must designate a Chair.
Mounds View Charter Commission By-laws January 29, 2019 Page 3
Section 6. Diubairgg of Members. Any member who has failed to attend four consecutive
meetings, regular or special, without being excused by the Commission, may be discharged
according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as amended.
ARTICLE I - AME DME 'D RE 1 I
Section 1. Bylaws Amendment Procedure. The Commission Bylaws may be amended by a
resolution, made in writing, and adopted by a majority vote of qualified and acting members at a
properly noticed meeting of the Commission.
Section 2. Charter_Amendment Procedures,
The Charter may be amended as provided in Minnesota Statute 410.12, as amended, and
summarized here by any one of the four following methods:
Method 1. The Charter Commission may by a majority vote of its members approve a
resolution recommending an amendment to the Charter by Ordinance under Minnesota Statute
410.12 subd 7. Such an Ordinance must be published in the official newspaper two weeks prior
to a public hearing on the matter and then requires an affirmative vote of all five members of the
City Council. The ordinance will be come effective 90 days after passage if not petitioned for
referendum.
Method 2. The Charter Commission may by a majority vote of its members approve a
resolution recommending an amendment to the Charter by requesting it be placed before the
voters under Minnesota Statute 410.12 subd 1 - 4. If there is a general election scheduled to
occur within six months, the City Council shall have such an amendment prepared and placed on
the ballot at the municipal general election. Proposed charter amendments must be submitted at
least 17 weeks before the municipal general election. If no municipal general election is
scheduled to occur within six months, the City Council shall prepare the amendment and call a
special election within 99 days after the delivery of such amendment to the City Administrator.
Method 3. A number of voters equal to or greater than five percent of the total City of Mounds
View ballots cast at the last State general election may, by petition, require the Charter
Commission to review and request an amendment to the Charter which may then be submitted
by the Charter Commission under the same guidelines set forth under method 1 or 2 above.
Method 4. The City Council may propose an amendment by ordinance without the initial
request of the Charter Commission under Minnesota Statute 410.12 subd 5. Such an Ordinance
shall be submitted to the Charter Commission for review and the Charter Commission can by
request be granted an additional 90 days for review. After reviewing such proposed amendment,
the Charter Commission shall approve or reject the proposed amendment or suggest a substitute
amendment. The Council may submit to the people the amendment originally proposed by it or
the substitute proposed by the Charter Commission. The amendment only becomes effective
when approved by the voters.
Adopted: January 29, 2019
Mounds View Charter Commission By-laws January 29, 2019 Page 4
coot-E �7( f6 NonmLaA'
MINNESOTA STATUTES 2018 410.05
410.05 CHARTER COMMISSION.
Subdivision 1. Appointment. When the district court of the judicial district in which a city is situated,
deems it for the best interest of the city so to do, the court, acting through its chief judge, may appoint a
charter commission to frame and amend a charter. Upon presentation of a petition requesting such action,
signed by at least ten percent of the number of voters of the city, as shown by the returns of the last regular
city election, or upon resolution of the governing body of the city requesting such action, the court shall
appoint a charter commission. The commission shall be composed of not less than seven nor more than 15
members, each of whom shall be a qualified voter of the city. The size of the commission shall be determined
within the above limits by the court, except that where the commission is appointed pursuant to a petition
of the voters or resolution of the governing body of the city, the size of the commission shall be as specified
in such petition or resolution. Any city may by charter provision fix the size of the charter commission at a
figure which shall not be less than seven nor more than 15 members, and such charter provision shall prevail
over any inconsistent provisions of this subdivision. Except as otherwise provided in the charter, no person
shall be disqualified from serving on a charter commission by reason of holding any other elective or
appointive office other than judicial. The charter may provide that members of the governing body of the
city cannot serve on the charter commission.
Subd. 2. Commission members; terms, vacancies. Charter commission members shall hold office for
the term of four years, and until their successors are appointed and qualify, except that of members initially
appointed after July 1, 1967, eight shall be appointed for two-year terms and seven for four-year terms.
Vacancies in the commission shall be filled by appointment of the chief judge for the unexpired terms. Upon
the expiration of each term, the chief judge shall appoint new commission members. If the chief judge fails
to appoint new commission members within 30 days then thereafter the governing body of the city shall,
appoint new commission members, unless within the 30-day period the chief judge indicates in writing to
the governing body an intention to appoint new members, in which case the chief judge shall have an
additional 60 days within which to make the appointment. Appointments shall be made by order filed with
the court administrator of the district court. An appointee who neglects to file with the court administrator
within 30 days a written acceptance and oath of office shall be deemed to have declined the appointment
and the place shall be filled as though the appointee had resigned. The charter commission, within 30 days
after the initial appointment of the commission, shall make rules, including quorum requirements, with
reference to its operations and procedures. The commission shall submit to the chief judge of the district
court, on or before December 31 of each year, an annual report outlining its activities and accomplishments
for the preceding calendar year. The commission shall forward a copy of the report to the clerk of the city.
Any member may be removed at any time from office, by written order of the district court, the reason for
such removal being stated in the order. When any member has failed to perform the duties of office and has
failed to attend four consecutive meetings without being excused by the commission, the secretary of the
charter commission shall file a certificate with the court setting forth those facts and the district court shall
thereupon make its order of removal and the chief judge shall fill the vacancy created thereby.
Subd. 3. Commission appointments; nominees. A city council, a charter commission, or the petitioners
requesting the appointment of a charter commission may submit to the court the names of eligible nominees
which the district court may consider in making appointments to the charter commission.
Subd. 4. Commission meetings. The charter commission shall meet at least once during each calendar
year, and upon presentation of a petition signed by at least ten percent of the number of voters of the
municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by
a majority of the governing body of the city requesting the commission to convene, the commission shall
meet to consider the proposals set forth in such petition or resolution.
Copyright 0 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
410.05 MINNESOTA STATUTES 2018 2
Subd. 5. Discharge. (a) A charter commission in a statutory city may be discharged as follows:
(1) if the charter commission of a statutory city determines that a charter is not necessary or desirable,
the commission may be discharged by a vote of three -fourths of its members; or
(2) if a petition signed by registered voters equal in number to at least five percent of the registered
voters in the city requesting a referendum to discharge the charter commission is filed with the city clerk,
an election must be held on the issue at a general election or a special election pursuant to section 205.10.
If a majority of the votes cast support the referendum, the charter commission shall be discharged.
(b) Another commission may not be formed sooner than one year from the date of discharge.
History: (1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5, 1961 c 608 s 1;
Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art 5 s 7; 1976 c 44 s 20, 1979 c 330 s 3; 1986 c 444; 1 Sp1986
c 3 art 1 s 82; 1987 c 51 s 1; 2004 c 197 s 1,2, 2008 c 331 s 6
Copyright 0 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
um be-
MINNESOTA STATUTES 2018 410.12
410.12 AMENDMENTS.
Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall
do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous
state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before
the general election. Only registered voters are eligible to sign the petition. All petitions circulated with
respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the
proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000
words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain
a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed
amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed
and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform
the signers of the petition as to what change in government is sought to be accomplished by the amendment.
The summary, together with a copy of the proposed amendment, shall first be submitted to the charter
commission for its approval as to form and substance. The commission shall within ten days after such
submission to it, return the same to the proposers of the amendment with such modifications in statement
as it may deem necessary in order that the summary may fairly comply with the requirements above set
forth.
Subd. 1 a. Alternative methods of charter amendment. A home rule charter may be amended only by
following one of the alternative methods of amendment provided in subdivisions 1 to 7.
Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each
separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A
petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature
the place of residence by street and number, or other description sufficient to identify the place. There shall
appear on each petition the names and addresses of five electors of the city, and on each paper the names
and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible
for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows:
Stateof ......................................................... )
) ss.
Countyof ..................................................... )
............................... being duly sworn, deposes and says that the affiant, and the affiant only, personally
circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence,
and that the affiant believes them to be the genuine signatures of the persons whose names they purport to
be.
Signed............................
(Signature of Circulator)
Subscribed and sworn to before me
this ....... day of .............
Notary Public (or other officer)
authorized to administer oaths
Copyright 0 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
410.12 MINNESOTA STATUTES 2018 2
The foregoing affidavit shall be strictly construed and any afiiant convicted of swearing falsely as regards
any particular thereof shall be punishable in accordance with existing law.
Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be
assembled and filed with the charter commission as one instrument. Within ten days after such petition is
transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly
attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any
petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon
completing an examination of the petition, the city clerk shall certify the result of the examination to the
council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate
the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings.
A petition may be amended at any time within ten days after the making of a certificate of insufficiency by
the city clerk, by filing a supplementary petition upon additional papers signed and Bled as provided in case
of an original petition. The city clerk shall within five days after such amendment is filed, make examination
of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk
shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further
action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not
prejudice the filing of a new petition for the same purpose.
Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election
and published as in the case of the original charter. The form of the ballot shall be fixed by the governing
body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and
to distinguish the question from every other question on the ballot at the same time. If 51 percent of the
votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be
filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of
the election or at such other time as is fixed in the amendment.
Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may
propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall
be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the
proposed amendment but before the expiration of such period the commission may extend the time for
review for an additional 90 days by filing with the city clerk its resolution determining that an additional
time for review is needed. After reviewing the proposed amendment, the charter commission shall approve
or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify
the council of the action taken. On notification of the charter commission's action, the council may submit
to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or
the substitute amendment proposed by the charter commission. The amendment shall become effective only
when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner
as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter
amendments in the manner provided by subdivision 1.
Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a
home rule charter may propose charter amendments by ordinance without submission to the charter
commission. Such ordinance, if enacted, shall be adopted by at least a four -fifths vote of all its members
after a public hearing upon two weeks' published notice containing the text of the proposed amendment and
shall be approved by the mayor and published as in the case of other ordinances. The council shall submit
the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three
months after the passage of the ordinance. The amendment becomes effective only when approved by the
voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments.
Copyright 0 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
MINNESOTA STATUTES 2018 410.12
Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council
may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend
the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment. The city council must hold the public hearing on the proposed
charter amendment at least two weeks but not more than one month after the notice is published. Within
one month of the public hearing, the city council must vote on the proposed charter amendment ordinance.
The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved
by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall
not become effective until 90 days after passage and publication or at such later date as is fixed in the
ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a
referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered
voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less.
If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until
it is approved by the voters as in the case of charter amendments submitted by the charter commission, the
council, or by petition of the voters, except that the council may submit the ordinance at any general or
special election held at least 60 days after submission of the petition, or it may reconsider its action in
adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions
submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when
approved by the voters.
History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122
s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s
107;1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7; 2010 c 184 s 43
Copyright 0 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
Tags: $NotJunk C0L)(-+� RIIe, N o M CV -
From: Marisa Reyes <thepowerwithin.mr@.gmail.com> (�}
To: Brandon Clawson <bdclawson@gmail.com>, Brian <bvamundsen
uar @yahoo.com>, Brooks Staples <blsja
g @gmail.com>, Jerry Peterson <jerry.peterson@q,com>, JThomas
<jthomas@usinternet.com>, Justin Klander <justin.klander@gmail.com>, Russell Warren
<russellawarren@gmail.com>, Nyle Zikmund <nyle.zikmund@moundsviewmn.org>
Subject: Letter of Resignation
Date: Tue, 21 May 2019 22:50:43 -0500
Charter Commission Members,
With this message, I hereby announce that I am resigning from my position
as both Chair and member of the Charter Commission effective immediately.
Sincerely,
Marisa Reyes -Johnson
Court Fi"9e, /vUr'l6,f'
60a -cv- q(os
MOUNnS VIEW
Statement of Values
Preamble
The proper operation of democratic government requires that decision -makers be
independent, impartial, and accountable to the people they serve. The City of Mounds View
has adopted this Statement of Values to promote and maintain the highest standards of
personal and professional conduct in the City's government. All elected and appointed
officials, City employees, and volunteers are required to subscribe to this statement,
understand how it applies to their specific responsibilities, and practice its core values in
their work. Because we seek public confidence in the City's services and public trust of its
decision -makers, our decisions and our work must meet the most demanding ethical
standards and demonstrate the highest levels of achievement in following this statement.
The Values
As a Representative of the City of Mounds View,
1. I serve the public interest
2. 1 fulfill the duties and responsibilities of holding public office
3. 1 am ethical
4. 1 am professional
5. 1 am fiscally responsible
6. 1 am conscientious
7. 1 communicate effectively
8. 1 am collaborative
9. 1 am forward thinking
Value expressions
1. 1 serve the public interest. In practice, this value means that:
a. I provide courteous, equitable, and prompt service to everyone.
b. I am attuned to, and care about, the needs and issues of citizens, public officials,
and city workers.
c. I am interested, engaged, and responsive in my interactions with constituents.
d. I recognize and support the public's right to know the public's business.
2. 1 fulfill the duties and responsibilities of holding public office. In practice, this value
means that:
a. I observe the highest standards of integrity in my official acts and undertake my
responsibilities for the benefit of the greater public good.
b. I faithfully discharge the duties of my office regardless of my personal
considerations, recognizing that the public interest is my primary concern.
c. I uphold the Constitution of the United States and the Constitution of the State of
Minnesota and carry out impartially the laws of the nation, state, and city and thus
foster respect for all government.
d. I comply with both the letter and the spirit of the laws and policies affecting
operations of the City.
e. I recognize my obligation to implement the adopted goals and objectives of the City
in good faith, regardless of my personal views.
f. I conduct myself in both my official and personal actions in a manner that is above
reproach.
g. I do not use my position to secure for myself or others special privileges or
exemptions that are different from those available to the general public.
h. I understand and abide by the respective roles and responsibilities of elected and
appointed officials and city staff and will not undermine them in their work.
i. I am independent, impartial, and fair in my judgment and actions.
3. 1 am ethical. In practice, this value means that:
a. I am trustworthy, acting with the utmost integrity and moral courage.
b. I am truthful, doing what I say I will do, and am reliable.
c. I am accountable for my actions and behavior and accept responsibility for my
decisions.
d. I make impartial decisions, free of influence from unlawful gifts, narrow political
interests, and financial and other personal interests that impair my independence of
judgment or action.
e. I am fair, distributing benefits and burdens according to consistent and equitable
criteria.
f. I oppose all forms of harassment and unlawful discrimination.
g. I extend equal opportunities and due process to all parties in matters under
consideration.
h. I show respect for confidences and confidential information.
i. I avoid giving the appearance of impropriety and of using my position for personal
gain.
4. 1 am professional. In practice, this value means that:
a. I apply my knowledge and expertise to my assigned activities and to the
interpersonal relationships that are part of my job in a consistent, confident;
competent, and productive manner.
b. I approach my job and work -related relationships with a positive attitude, contributing
to a supportive, respectful, and non -threatening work environment.
c. I keep my professional knowledge and skills current and growing.
d. I am respectful of all city staff, officials, volunteers, and others who participate in the
City's government.
5. 1 am fiscally responsible. In practice, this value means that:
a. I make decisions after prudent consideration of their financial impact, taking into
account the long-term financial needs of the City, especially its financial stability.
b. I demonstrate concern for the proper use of City assets (e.g., personnel, time,
property, equipment, funds), follow established procedures, and do not use public
resources for personal gain.
c. I make decisions that seek to preserve the financial capacity of the City to provide
programs and services for City residents.
d. I provide full disclosure of any potential financial or other private conflict of interest. I
abstain from participating in the discussion and vote on these matters.
e. I prevent misuse of public funds by establishing, maintaining, and following strong
fiscal and management controls.
f. I report any misuse of public funds of which I am aware.
6. 1 am conscientious. In practice, this value means that:
a. I act in an efficient manner, making decisions and recommendations based upon
research and facts, taking into consideration short and long term goals.
b. I follow through in a responsible way, keeping others informed, and responding in a
timely fashion.
c. I am respectful of established City processes and guidelines.
d. I prioritize my duties so that the work of the City may move forward.
e. I prepare for all meetings by reviewing any materials provided ahead of time. When I
have materials to contribute, I make sure all others involved have ample time to
review these materials prior to the meeting.
7. 1 communicative effectively. In practice, this value means that:
a. I convey the City's care for and commitment to its citizens.
b. I communicate in various ways that I am approachable, open-minded, and willing to
participate in dialog.
c. I engage in effective two-way communication by listening carefully, asking questions,
and responding appropriately which adds value to conversations.
d. I do not interfere with the orderly conduct of meetings by interrupting others or
making personal comments not germane to the business at hand.
e. I follow up on inquiries in a timely manner.
f. I encourage and facilitate citizen involvement in policy decision -making.
g. I am respectful in disagreements and contribute constructively to discussions on the
issue.
8. 1 am collaborative. In practice, this value means that:
a. I act in a cooperative manner with groups and other individuals, working together in
a spirit of tolerance and understanding to accomplish common goals.
b. I share information with others in a timely manner so that, together, we can make
informed decisions.
c. I work towards consensus building and gain value from diverse opinions.
d. I accomplish the goals and responsibilities of my individual position, while respecting
my role as a member of a team.
9. 1 am forward thinking. In practice, this value means that:
a. I promote intelligent, proactive, and thoughtful innovation in order to advance the
City's policy agenda and provide City services while considering the broader
regional, state-wide, national, and international implications of the City's decisions
and issues.
b. I maintain consistent standards, but am also sensitive to the need for compromise,
creative problem solving, and making improvements when appropriate.
c. I am open to new ideas and processes, adopting them as they conserve resources
and provide efficient and cost-effective service.
d. I consider the potential long-term consequences and implications of my actions and
inactions.
Policy approved via Resolution 7588
Adopted March 8, 2010
M:\administration\jime\Admin\Ethics\MV Statement of Values.doc
coucE hum6c
CV
PROCEEDINGS
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA go go
APPRegular Meeting
June 10, 2019
Mounds View City Hall
2401 Mounds View Boulevard, Mounds View, MN 55112
6:30 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, June 10, 2019, City Council Agenda.
Mayor Mueller requested Item 7B be added to the agenda which would be an announcement
from City Administrator Zikmund.
MOTION/SECOND: Meehlhause/Bergeron. To Approve the Monday, June 10, 2019, agenda as
amended adding Item 7B.
Ayes — 5 Nays — 0 Motion carried.
5. CONSENT AGENDA
A. Approval of Minutes: May 28, 2019.
B. Just and Correct Claims.
C. Resolution 9121, Approving Severance for Karla Freecheck, Police
Administrative Assistant.
D. Resolution 9122, Adopting and Reporting Performance Measures.
E. Resolution 9125, Appointing Hanna Kenow to Police Administrative
Assistant.
F. Resolution 9126, Approving Mediated Settlement Agreement and Release of
Claims.
MOTION/SECOND: Gunn/Meehlhause. To Approve the Consent Agenda as presented.
Ayes — 5 Nays — 0 Motion carried.
Mounds View City Council
Regular Meeting
6. PUBLIC COMMENT
June 10, 2019
Page 2
Bill Mori, 8141 Red Oak Court, read a statement to the Council. He explained he has lived in
Mounds View with his wife for over 45 years. He stated he has known Jonathan and Grace
Thomas for 40 of these years. He indicated he has known Brian and Val Amundsen for 17 years.
He commented he sat with both of these gentlemen on the Charter Commission for five years,
which he felt made him qualified to make a statement. He explained both men were of high
integrity and of the highest ethical, moral standard. He reported both men were intelligent,
honest, knowledgeable and detail -oriented. He stated if his math was correct, both have served a
combined 50 years of voluntary service to the City of Mounds View. He indicated he was
concerned after listening to the recent Charter Commission and Council worksession (.tune 3rd)
meetings. He commented on the character of Jonathan Thomas and Brian Amundsen. He
explained it was not their problem some of the Charter Commission members failed to attend
meetings. He reported it was the Second Judicial Court's job to recruit and appoint qualified
candidates to sit on the Charter Commission. He questioned why the Council would refer to
these two gentlemen using terms like insufficient, disrespectful, dis-functional and obstructionist.
He reported the Council implied these two (Thomas and Amundsen) were responsible for the
Chair resigning, along with two other members. He noted no specific facts were given that
supported these actions and stated he found no specific behavior for either. He indicated there
was some level of debate between the secretary and the attorney, but he saw this as simply points
of debate and not blatant disrespect or unprofessionalism. He wondered what really was going
on here. He stated he was bothered by the fact the Council had attacked the character of these
two gentlemen without providing an opportunity for either to respond. He requested the Council
allow these two gentlemen to respond publicly to the charges that have been made.
Brian Amundsen, 3048 Woodale Drive, stated if anyone was offended by his tone or words at the
last Charter Commission meeting, he was sorry. He discussed the rules and processes that have
been in place for the Charter Commission for years. He stated in 1978 the residents of Mounds
View voted to become a charter city. He reviewed the bylaws that govern the Charter and
commented on the agenda format requirements. He explained he was not trying to attack the
Chair but rather was working to follow the Charter bylaws. He stated he believed in providing
dignity to all persons. He reported for weeks he waited for responses to his calls and emails from
both the Charter Commission Chair and City Administrator regarding specific secretary
practices, requesting access to the Timesaver minutes. He stated he finally called the Mayor and
expressed his frustration with the situation and he was told it was unacceptable for City staff not
to respond. He commented his only option was to bring these issues to the Commission as a
whole. He indicated his tone at the Charter Commission meeting showed his level of frustration
with the situation when he questioned the Council's failure to follow its own statement of values,
and their lack of due process. He stated he was shocked by the personal attacks coming from the
City Council. He thanked those that came out tonight to support Jonathan Thomas and himself.
He stated he had great peace in the love and support of God, from his wife, children and from his
close friends.
Jonathan Thomas, 8040 Groveland Road, discussed who he was noting he was one of 15
children. He explained when he was 10 years old the Lord spoke to him audibly and told him to
Mounds View City Council June 10, 2019
Regular Meeting Page 3
seek the Kingdom of God and He would teach him to make the rocks cry out praises to God. For
all of his life, he has sought to know more about the Kingdom of God. He stated he received a
degree in Bible and Theology and God directed him to work in electronics where he was taught
the truth. He discussed the volunteer work he completed in the community that allowed the
rocks to cry out. He explained the Council asked for the removal of members from a body that
was formed by the Court. He reported the Charter Commission was intentionally separate from
the City Council to maintain the Charter. He commented removal of a member requires 10 to 20
days' notice in order to allow the accused to respond and gather witnesses to speak on his or her
behalf. He reported this typically ends in a closed session of a private body. He stated he was not
afforded this opportunity but rather was named in an open, public meeting and was accused of all
kinds of innuendo. He explained he has lived in this community for over 40 years. He indicated
he had a deep passion for this City and the City Charter. He believed there was something wrong
with the way this matter was handled. He believed God was truly able and was in control of this
situation.
Val Amundsen, 3048 Woodale Drive, explained she was Brian Amundsen's wife. She discussed
what happened in the Council Chambers last Monday night where the Council slandered two
Charter Commission members, Brian Amundsen and Jonathan Thomas. She explained Brian
and Jonathan were not notified of the meeting nor the fact that they would be discussed in order
to defend themselves. She stated this was disrespectful and a violation of the statement of values
the Council approved. She indicated it was not until last Tuesday that Jonathan and Brian were
made aware of the situation when they received a call from the City Administrator seeking their
resignation from the Charter Commission. She reported their conduct from the May Charter
Commission meeting was cited as the reason for the requested resignation, but no specifics were
given. She stated she watched the Council worksession meeting online and was shocked by what
she saw given the fact slanderous statements were made about Jonathan and Brian. She
commented there were also numerous misstatements and half-truths. She indicated it was
apparent to her that the Council seems to believe they control the Charter Commission and not a
citizen established body. She reported the last Charter Commission meeting had a spirited
discussion regarding duties, bylaws, policies and procedures. And while meetings can feel tense
at times, she reiterated that no personal attacks were made. She explained Brian brought his
concerns to the group only after he had not received any feedback from staff or the Chair. She
stated both Brian and Jonathan were really decent men. She explained these men deserved the
community's thanks for their many years of dedicated service to the community. She indicated
slandering volunteers was not a great way for the Council to encourage residents to speak up,
especially if they had a difference of opinion.
Douglas Schmidt, 2690 County Road H2, stated it was his understanding that after the June 3'
Council worksession meeting, two senior members of the Charter Commission were asked to
resign. He explained no specific reference was made to the charges against them. He noted
Jonathan Thomas was one of the senior Charter members. He reported he has known Jonathan
Thomas since 1971. He indicated he served with Jonathan Thomas and was introduced to
Christianity by him. He commented on Jonathan's personal character, integrity, honesty, fairness
and respect for others. He stated he watched the last half-hour of the June 3rd Council
worksession meeting where discussion was held regarding the conduct of one or more senior
Mounds View City Council June 10, 2019
Regular Meeting Page 4
Charter members. He noted the Council was very careful not to mention names. He was of the
opinion that the actions of Jonathan Thomas do not warrant a character assassination of a man
that has an otherwise good reputation.
Barbara Smith, 2090 Burke Avenue in North St. Paul, stated Jonathan Thomas was her father.
She stated she was not hear to speak to the character of her father because he had enough people
in attendance to speak to that. She reported she was a member of a small, select group that has
served as a Councilmember and on the Charter Commission. Rather, she directed her comments
to the Council and noted the Charter Commission was a separate body for a reason. She noted
there has been contention between the City Council and the Charter Commission for years. She
encouraged the Council to be civil and to handle matters professionally. She stated she believed
in the work being done by the Charter Commission even though she no longer lives in the
community. She encouraged the City Council to not lose the value of the Charter Commission
but rather to work together for the betterment of the community.
Jerry Peterson, 8125 Red Oak Drive, stated he has been on the Charter Commission for just over
four years. He explained during this time he has not seen the type of behavior that was falsely
accused by the City Council at their June 3d worksession meeting. He wondered where the
Council got this information. He stated he was shocked by the Council's behavior at the June 3rd
worksession meeting. He indicated each Councilmember made false statements about the
Charter Commission members. He commented on a report that was provided to the Council at
the worksession meeting and requested this report be provided to the public. He stated the work
on the Charter Commission was tedious and somewhat boring. He feared the Council had
created such a hostile environment that residents would not want to serve on the Charter
Commission. He questioned why the Council had violated their own code of ethics and stated he
looked forward to receiving a report from City staff.
Wudnesh Gelett Etaffa, 8106 Groveland Road, stated she lived three houses down from Jonathan
Thomas's home. She explained she bought her home in 1997. She discussed her experiences
with Jonathan over the years and stated he was a man of high integrity that was always willing to
help his friends and neighbors. She stated she was a Christian that moved to the United States
from Ethiopia. She indicated she has never seen a person walking the Word of God like
Jonathan Thomas.
Barbara Haake, 3024 County Road I, stated she has lived in Mounds View for the past 53 years.
She explained she watched the May 21' Charter Commission meeting, along with the June 3'd
Council worksession. She indicated she did not see anything that was disrespectful but noted the
respect of the Mounds View citizens still had to be taken into consideration. She questioned why
this was being brought out in such a public forum. She stated it may have been better for the
Council to discuss the issues directly with Jonathan Thomas and Brian Amundsen, versus the
manner in which the Council proceeded. She feared if the Council had some other ulterior
motive. She explained she appreciated the City's Charter and the work that had been done by
Mr. Thomas and Mr. Amundsen.
Mounds View City Council June 10, 2019
Regular Meeting Page 5
Grace Thomas, 8040 Groveland Road, stated she has lived in her home in Mounds View for
close to 40 years. She explained she was married to Jonathan Thomas and indicated she was
humbled by her friends that have made statements regarding the personal value of her husband
and Brian Amundsen. She thanked the Council, City Attorney and City Administrator for
listening. It was her hope something like this would not occur in the City she loves, ever again.
Kay Mori, 8141 Red Oak Court, stated she has lived in this community for 40+ years. She
thanked the Council for all that they do for the community. She encouraged the Council and the
City to move forward in a positive manner and with forgiveness.
Paul Thomas, 5487 Landmark Circle, explained he has lived in Mounds View since he was five
years old. He noted he was Jonathan Thomas's son. He stated he was confused by the emotion
that has been brought up regarding the slanderous comments that were made about his father and
Brian Amundsen. He commented his dad has forgotten more than he will ever learn in his entire
life and was a very wise man. He encouraged the Council to see the value of having a senior
member on the Charter Commission and to see the value of the Charter Commission.
Mayor Mueller stated based on the discussion of the Council at their June Yd meeting staff was
directed to contact Brian Amundsen and Jonathan Thomas requesting their resignation. She
explained the Council was concerned about how uncomfortable some of the Charter Commission
members were at the May 21' meeting. She reported the members were so uncomfortable that
the Chair resigned and two other members contacted the City Administrator stating they would
not stay on the Commission if the senior members remained. She offered an analogy regarding
plants in a garden and discussed how the Council was working to assist the Charter Commission
in order to allow the group to thrive. She explained the Council had given the Charter
Commission direction regarding Special Elections and noted this group had struggled with how
to address this issue. She stated it was difficult for her to watch the new Charter Commission
Chair not be supported in her role by the senior members on the Charter Commission. She
understood that both members would like to continue to serve. She reported the Council has next
steps as to the senior Charter Commission members. She noted the Council would continue to
debate this matter. She was sorry and apologized to the residents of the community for the action
that was taken, but stated she believed it was necessary in order to allow the Charter Commission
to thrive. She indicated this was a very difficult decision for the Council to make. She thanked
all of the members of the community that came forward and voiced their concerns.
Mayor Mueller recessed the City Council meeting at 7:22 p.m.
Mayor Mueller reconvened the City Council meeting at 7:28 p.m.
7. SPECIAL ORDER OF BUSINESS
A. SWPPP.
Public Works Director Peterson reviewed the City's Storm Water Pollution Prevention Program
with the Council. He explained the City was required to provide this information to the public
on a yearly basis to comply with permit requirements. He discussed how important it was for
Mounds View City Council June 10, 2019
Regular Meeting Page 6
communities to manage stormwater runoff and explained how the Clean Water Act has improved
the regions waterways. He reviewed the amount of water that fell in 2018 noting it was the
wettest year on record. He discussed the stormwater do's and don'ts. He encouraged
homeowners to keep leaves and grass clippings out of the streets and away from storm drains.
He provided further comment on the 2018 BMP activities and asked for comments or questions.
Council Member Gunn asked if the City has had any further problems with flushable wipes.
Public Works Director Peterson explained this continues to be a concern and encouraged
residents to throw away wipes versus flushing them into the sanitary sewer system.
Mayor Mueller requested further information regarding the high level of groundwater. Public
Works Director Peterson explained the ground always had groundwater but noted the high levels
of rain and snow in the last year, there was nowhere for the water to go. He reported there was
supposed to be two feet of separation between groundwater and infiltration basins. He
commented at this time, there may be only six inches. He commented the groundwater was quite
high throughout the City and noted it would take time for the level of the groundwater to be
reduced.
Barbara Haake, Rice Creek Watershed District representative, thanked staff for the excellent
report. She discussed how groundwater levels were high all over the metro area.
B. Announcement from the City Administrator.
City Administrator Zikmund read an email he received from the Minnesota Women in
Government. He explained Council Member Gunn had been chosen by the Minnesota Women
in Government Board as the winner for the Minnesota Women in City Government Leadership
Award for an Elected Official. He explained this award would be presented to Council Member
Gunn at the upcoming League of Minnesota Cities Conference in Duluth, Minnesota. A round of
applause was offered by all in attendance.
Mayor Mueller congratulated Council Member Gunn for her efforts on behalf of the community
and the region.
8. COUNCIL BUSINESS
A. Public Hearing: Temporary Liquor Licenses to Allow Ole Piper Inn and
Barley John's Brew Pub to Sell and Distribute On -Sale Intoxicating Liquor
at the Mounds View Festival in the Park.
This item was removed from the agenda as no application was received.
Mayor Mueller opened the public hearing at 7:46 p.m.
Theresa Cermak, 2085 Hillview Road, Apartment #1, explained Ole Piper Inn was not interested
in providing liquor service for Festival in the Park. She reported the Eagle's in New Brighton
were also not interested. She commented she would be speaking with Barley John's about
Mounds View City Council June 10, 2019
Regular Meeting Page 7
selling and distributing on -sale liquor at Festival in the Park.
Hearing no further public input, Mayor Mueller closed the public hearing at 7:48 p.m.
B. Resolution 9115, Approving the Renewal of Mounds View Liquor Licenses.
City Administrator Zikmund requested the Council approve the renewal of Mounds View liquor
licenses. He explained staff had completed all necessary investigations for the six requested
licenses and was recommended approval. He noted Moe's had requested a payment plan and
requested the Council direct staff on how to proceed with this matter.
Council Member Gunn asked which bill Moe's was requesting a payment plan for. Finance
Director Beer reported this was for Moe's water bill. He noted the City had not ever allowed for
a payment plan in the past.
Council Member Meehlhause stated he had concerns with the proposed payment plan and
wondered if Moe's would be able to pay their next quarterly water bill. He noted this was not this
establishment's first delinquency with its bills.
MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 9115,
Approving the Renewal of Mounds View Liquor Licenses.
Council Member Hull stated either way the City would be made whole and for this reason, he
supported the liquor licenses moving forward.
Council Member Gunn explained she would be willing to move forward if Moe's had a more
detailed payment plan.
Mayor Mueller stated she spent the last 20 years of her professional career in collections with a
major retailer. She indicated payment plans were negotiated when appropriate. She explained
she did not believe a payment plan was appropriate for this business. She feared it would lead to
other establishments requesting payment plans. She reported the liquor license process was not a
surprise to Moe's owner as the liquor license was due at the same time each year. She requested
the Resolution be amended to indicate approval of the licenses with conditions that all businesses
have passed their fire inspections and that all businesses have fees paid to the City no later than
June 30, 2019.
AMENDMENT/SECOND: Mueller/Meehlhause. To require all businesses to have their fire
inspections completed, and that all businesses have fees paid to the City no later than June 30,
2019.
Ayes — 2 Nays — (Bergeron, Gunn & Hull) Amendment failed.
AMENDMENT/SECOND: Gunn/Bergeron. To have all liquor license businesses be allowed to
have one year of payment plans and after that time, must budget accordingly for all City bills and
Mounds View City Council
Regular Meeting
fees.
June 10, 2019
Pap-e 8
Finance Director Beer asked if the City could make the liquor license conditioned on making
payments per the payment plan. City Attorney Riggs reported this could be done. He advised
the Council they had the discretion to deviate from City Ordinance to allow for a payment plan to
be put in place.
Council Member Bergeron offered a friendly amendment to the amendment stating this was a
onetime deal for Moe's.
Council Member Gunn accepted this friendly amendment.
Ayes — 1 Nays —1 (Mueller) Amendment carried.
Council Member Meehlhause commented in past years the City has had situations with fire
inspections. He noted this was not the first time this Resolution has been before the Council
where issues still had to be remedied by June 30th
Ayes-5 Nays-0
Amended Motion carried.
C. Resolution 9116, Approving the Renewal of Mounds View Business Licenses
(Non -Liquor).
City Administrator Zikmund requested the Council approve the renewal of the Mounds View
business licenses. He reviewed the businesses requesting renewals and noted there were several
that had pending items that had to be resolved by June 30'h.
Council Member Gunn asked if Curbside had requested a business license. City Administrator
Zikmund reported this business had not requested a renewal and noted he would reach out to this
business.
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 9116,
Approving the Renewal of Mounds View Business Licenses (Non -Liquor).
Ayes — 5 Nays — 0 Motion carried.
D. Resolution 9123, Approving the Bid and Awarding a Contract to Dering
Pearson Group for the City Hall/Police Remodel Project.
Public Works Director Peterson requested the Council approve the bid and award a contract to
Dering Pearson Group for the City Hall/Police remodeling project. He explained staff has been
working on this project for some time and in May the Council authorized the project to be bid.
He reported the low bid was submitted by Dering Pearson for a total of $259,691. He further
discussed the improvements that would be completed at City Hall and at the Police Department
including the alternates for this project. The project timeline was reviewed with the Council and
Mounds View City Council June 10, 2019
Regular Meeting Page 9
staff recommended approval of the contract.
Mayor Mueller asked why the City would have to pay SAC charges. Public Works Director
Peterson stated this was because a new shower facility would be added.
Council Member Meehlhause requested further information on the differences between the hard
and soft interview areas. Public Works Director Peterson discussed the differences between the
hard and soft interview rooms within the Police Department.
MOTION/SECOND: MeehlhauseBergeron. To Waive the Reading and Adopt Resolution
9123, Approving the Bid and Awarding a Contract to Dering Pearson Group for the City
Hall/Police Remodel Project.
Ayes — 5 Nays — 0 Motion carried.
E. Resolution 9124, Approving the Replacement of Roof Top Unit #4 at City
Hall.
Public Works Director Peterson requested the Council approve the replacement of roof top unit
#4 at City Hall. He explained the fan for this unit failed last week. He noted this unit was 21
years old and was in need of replacement. He indicated this expense was not budgeted for 2019
and noted a budget adjustment would be required to fund this rooftop unit expense. Staff
provided further comment on the roof top unit replacement and recommended approval.
Council Member Bergeron questioned what the life expectancy was for this roof top unit. Public
Works Director Peterson reported these units typically last 15 to 20 years.
MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9124,
Approving the Replacement of Roof Top Unit #4 at City Hall.
Ayes — 5 Nays — 0 Motion carried.
9. REPORTS
A. Reports of Mayor and Council.
Council Member Gunn thanked everyone who showed up at Von Hansen's last Saturday for the
Mounds View Police Foundation fundraiser. She estimated the event raised just over $300.
Council Member Gunn stated on Monday, June 17a' there would be a bike safety rally sponsored
by the Mounds View Police Department at the Library from 3:00 p.m. to 5:00 p.m. She
explained bike helmets would be available for $10 and a drawing would be held for a girl's bike
and a boy's bike.
Council Member Gunn reported the Festival in the Park Committee would meet next on
Tuesday, June 18a` at 7:00 p.m. at the Mounds View Community Center.
Mounds View City Council June 10, 2019
Regular Meeting Page 10
Council Member Meehlhause stated the YMCA Advisory Committee met last Monday where it
was noted a part-time senior programmer was hired. He noted summer programming at the
YMCA began this week. He reviewed the field and event center usage for 2019 with the Council.
Council Member Meehlhause reviewed his upcoming meeting schedule. He explained the
Mounds View Business Council would be meeting on Wednesday, June 12th at the Mermaid at
7:30 a.m. He noted he would be attending an NYFS Executive Committee meeting on Thursday,
June 13a` and an NYFS HR Committee meeting on Wednesday, June 19''.
Council Member Bergeron stated he attended a Cable Commission meeting last week. He noted
CenturyLink had under paid on their franchise fees and would be making an adjustment. He
cautioned people from signing contracts with cable companies as they may have language that
includes the placement of wireless infrastructure on homes. He explained the National League of
Cities was working with the FCC to address this concern.
Council Member Bergeron requested staff be directed to compose a letter of condolences and
support to the Council, staff and residents of Virginia Beach, Virginia for the recent events that
occurred at their municipal facility.
MOTION/SECOND: Bergeron/Gunn. To direct staff to compose a letter of condolences and
support to the Council, staff and residents of Virginia Beach, Virginia for the recent events that
occurred at their municipal facility.
Ayes — 5 Nays — 0 Motion carried.
Mayor Mueller stated she had several conversations over the weekend regarding barking dogs.
She encouraged residents with concerns to contact City Hall to make the Code Enforcement
Officer aware of the matter.
Mayor Mueller explained she was also contacted by residents concerning the high-water table
and sump pumps that were running 24 hours a day. She indicated she was praying for a dry spell
to allow the water in the City to dry up.
Mayor Mueller reported the Ramsey County League of Local Government would be meeting on
Thursday, June 13a' in Shoreview at 5:00 p.m.
Mayor Mueller commented Festival in the Park would be held at Silver View Park this year on
Saturday, August 17a'.
Mayor Mueller indicated the splash pad at City Hall Park was nearing completion. She
anticipated the splash pad would be open shortly after the 4'h of July.
Council Member Hull reported some landlords were not completing background checks and were
not fixing buildings. He asked what the City could do to help these residents. City
Mounds View City Council June 10, 2019
Regular Meeting Page 11
Administrator Zikmund stated he had forwarded these concerns to Community Development
Director Sevald and Jacob Martin requesting they pull together a summary of how to address
these matters. He suggested the Council discuss this matter further at an upcoming worksession
meeting.
Mayor Mueller encouraged residents to visit the corner of Groveland and Arden where Ernie and
Janette Laport have two lending libraries. She noted Janette does a story time every other
Tuesday beginning at 10:00 a.m. She noted story time would be held on Tuesday, June 11'h, June
25t", July 9ffi, July 23rd, August 6' and August 20a' at 10:00 a.m.
B. Reports of Staff.
Public Works Director Peterson stated an informational Open House would be held for the
residents along Long Lake Road on Tuesday, June 11'h to discuss the upcoming street
improvements. He explained the Fire House pavement was done and the Silver View Park had
the first lift of asphalt. He reported seal coating work would begin on Monday, June 17`h.
Public Works Director Peterson updated the Council on the splash pad and noted this amenity
should be open for use by early July.
Mayor Mueller recommended a ribbon cutting ceremony be held for the splash pad.
City Administrator Zikmund reported the EDA would be meeting on Monday, June 20 at 5:30
p.m.
City Administrator Zikmund explained he was continuing to visit Tires N'More to investigate
that property and has not yet been able to make contact with a property owner.
City Administrator Zikmund reported the new traffic car began service on June 10f and would be
dedicated solely to traffic stops.
1. Charter Commission Membership
City Administrator Zikmund discussed the concerns that were raised regarding the Charter
Commission. He explained the Council was concerned with the functionality and high level of
turnover on this Commission. He stated he has attended every Commission meeting since he
began serving as the City Administrator. He noted he had recruited new members and a new
Chair. He discussed the meetings he held with the new Chair to immerse her in the rules and
procedures of this group. He reported the new Chair served at the March meeting and resigned
shortly after the May meeting. He commented he received notice from two other Charter
Commission members that they too would be resigning. He stated in his May 28h report to the
Council he expressed concern with the functionality of this group along with the ability to find
and retain members. The Council then directed staff to place this item on a worksession agenda.
He explained the City Attorney has spoken to the importance of having a fall compliment on the
Charter Commission in order to be functional. He reported staff was directed by the Council to
Mounds View City Council June 10, 2019
Regular Meeting Page 12
contact Mr. Amundsen and Mr. Thomas requesting each resign their position from the Charter
Commission and that a letter be directed to the judge stressing the need for a functional group.
He noted he reached out to Mr. Amundsen and Mr. Thomas last Tuesday. City Administrator
Zikmund explained this group has gone from a full complement down to three members again.
City Attorney Riggs thanked City Administrator Zikmund for his thorough report on this matter.
He explained he had worked with Mr. Amundsen and Mr. Thomas for many years. He respected
both gentlemen but explained something within this group had to change whether that was the
removal of members or changing of members in order for this group to be functional. He
commented he worked with three other Charter Commissions and none operate the way Mounds
View does. He stated it was very important to have a full compliment in order to make
recommendations and decisions. He indicated it has taken decades for the City to reach a full
compliment and now the group was down three members again. He stated he did not know what
the perfect solution was. He anticipated the Council would have to deal with the members that
were on the group in order to make this group functional again. He explained the Council had the
right to make recommendations to the judge in order to get a full compliment on the Charter
Commission.
Council Member Gunn suggested the Mayor, City Attorney, City Administrator, and one other
Council Member sit down with Mr. Amundsen and Mr. Thomas to discuss the situation further,
along with the the Charter members who would be resigning their positions.
Council Member Meehlhause supported this recommendation stating this would be a good
starting point.
MOTION/SECOND: Gunn/Meehlhause. To direct staff to hold a meeting between the Mayor,
City Attorney Riggs, City Administrator Zikmund, and Council Member Bergeron with Brian
Amundsen and Jonathan Thomas to discuss the situation further, along with the former Chair of
the Charter Commission and the other members that would be resigning their positions.
City Administrator Zikmund stated he tried to reach out to the members that want to resign their
position and indicated these members may not want to attend a sit-down meeting to further
discuss this situation.
Ayes — 5 Nays — 0 Motion carried.
Mary Kay Walsh-Kaczmarik, 8345 Pleasant View Drive, suggested the Council clarify what the
Charter Commission should be doing and what the goals are for this organization.
Council Member Gunn stated she did not want this to be the discussion, but rather wanted an
open meeting to be held to address the personality issues that needed to be resolved.
Council Member Hull explained he did not want to be receiving any further emails or seeing any
other comments being raised regarding the City Administrator.
Mounds View City Council June 10, 2019
Regular Meeting Page 13
C. Reports of City Attorney.
City Attorney Riggs had nothing additional to report.
10. Next Council Work Session:
Next EDA Meeting:
Next Council Meeting:
11. ADJOURNMENT
The meeting was adjourned at 9:23 p.m.
Transcribed by:
Heidi Guenther
TZmeSaver Off Site Secretarial, Inc.
Monday, July 1, 2019, at 6:30 p.m.
Monday, June 24, 2019, at 5:30 p.m.
Monday, June 24, 2019, at 6:30 p.m.
OburL PT
/ems Number
Cs� _-�c\,/
- i q-4966-
Case File: 52-CV-19-4965
Attachment
9 ,
Pacle 1
(Member
Appointed
Served Till
a us
ILimit
Years
IB. Doty
11 /4/1978
10/31/1982
Completed Term
4
B. Doty
11/4/1982
10/31/1986CompletedTerm
k
8
IB. Doty
11/4/1998
10/31/2002
Completed Term
12
1B. Doty
10/9/2002
10/31/2006
Completed Term
16
IB. Doty
11/1/2006
10/31/2010
Completed Term
20
B. Doty
10/29/2010
10/31/2014
Completed Term
24
B. Doty
12/23/2014
10/31/2018
Completed Term
28
W. Werner
11/14/1978
10/31/1982
Completed Term
4
W. Werner
11/14/1982
10/31/1986
Completed Term
"
g
W. Werner
11/14/1992
10/31/1996
Completed Term
12
W. Werner
11/14/1996
10/31/2000
Completed Term
16
'At. Werner
3/14/2001
10/31/2002
Completed Partial Term
17.6
W. Werner
10/9/2002
10/31/2006
Completed Term
21.6
ID. McCarty
11/14/1978
10/31/1982
Completed Term
4
D. McCarty
Served several other terms
ID. McCarty
6/12/2003
]Resigned 6/2/2003
Jean Miller
12/8/1982
11/14/1986Completed
Term
Jean Miller
12/8/1986
11/14/1990
Completed Term
k
g
.Jean Miller
12/8/1982
11/14/1986
Completed Term
Jean Miller
10/31/2002
Completed Term
k
16
.Jean Miller
10/1/2003
10/31/2004
Completed Replacement Term
17
,Jean Miller
1/13/2005
10/31/2008
Completed Term
21
J. Thomas
10/22/1999
10/31/2000
Completed Partial Term
1
J. Thomas
12/14/2000
10/31/2004
Completed Term
5
J. Thomas
1/13/2005
10/31/2008
Completed Term
g
•J. Thomas
1/15/2009
10/31/2012
Completed Term
13
J. Thomas
11/20/2012
10/31/2016
Completed Term
17
J. Thomas
11/20/2016
10/31/2020
Active Term
19.6
B. Amundsen
10/9/2002
10/31/2006{Completed
Term
4
B. Amundsen
1/15/2009
10/31/2012
Completed Term
g
B. Amundsen
11/20/2012
10/31/2016
Completed Term
12
B. Amundsen
11/20/2016
10/31/2020
Active Term
14.5
B. Thomas
10/1/2003
10/31/2004
Completed Partial Term
1
B. Thomas
1/13/2005
10/31/2008
Completed Term
5
Married and moved out of Mounds
B. Thomas(Smith)
3/14/2012
View
8.5
IR. Stigney
11 /8/1995
Served other terms not detailed hear
'Voluntarily served beyond end of
IR. Stigney
11998
4/10/2003
10/31/2002 Term
7.5
J. Reiling
6/16/2008
10/31/2010
Completed Partial Term
2
J. Reiling
11/10/2010
10/31/2014
Completed Term
g
R. Warren
10/12/1994
10/31/1998
Completed Term
4
R. Warren
5/15/2018
10/31/2020
Active Term
5
M. Haubrich
11 /1 /2006
8/10/2011
4.75
ID. Wouri
10/1/1996
10/1/2000
Completed Term
4
TM. Sandback
12/14/2000
10/14/2004
Completed Term
4
ID. Freimuth
6/14/2001
10/31/2002
Completed Partial Term
3.5
f2
Case File: 62-CV-19-4965 at4arhmant a
ID. Freimuth
10/9/2002
10/14/2004
Resigned due to move out of
Mounds View
3.5
IB. Mori
12/4/2000
10/31/2004
Completed Replacement Term
4
IB. Mori
8/11/2005
Voluntarily served beyond end of
10/31/2004 Term
4.7
IM. Eenigenburg
5/19/2003
10/31/2006
Completed Replacement Term
3.25
M. Amirahmadi
11/9/2000
6/9/2003
(Removed for lack of attendance
2.5
B. Jahnke
11/9/2000
5/8/20031Removed
for lack of attendance
2.5
James Miller
1/31/2012
10/31/2014
Completed Partial Term
3
J. Peterson
3/24/2016
10/31/2020
Active Term
3
D. Erickson
11 /10/2016
10/31 /2020
Active Term
2.5
B. Clawson
1/12/2017
10/31/2022.Active
Term
2.4
D. Sach Le
4/25/2000
10/31/2000
Completed Partial Term
0.5
D. Sach Le
11/2/2000
6/12/2003
Resigned due to move out of
Mounds View
2.5
IM. Reyes -Johnson
3/21/2017
5/21/20191Resigned
2.2
C. Mueller
4/20/2005
4/10/20071Resigned
2
ID. Johnson
5/26/2016
3/21/2017
1.75
ID. Oberg
1/12/2017
10/31/2018
Completed Partial Term didn't renew
due to work
1.75
:S. Hutchins
12/9/2009
5/1/2011
Resigned
1.5
J. Battin
7/14/2010
10/31/2010
Completed Term
0.5
J. Battin
10/29/2010
2/12/2014
Resigned 12/12/21013
3.7
D. Mandoza
10/9/2002
10/9/2003
1
'T. Vang
11 /1 /2006
11 /2/2007
Removed for lack of attendance
1
S. Linke
10/10/2002
5/8/2003
(Never attended resigned for health
treasons
0.7
IB. Staples
11/20/2018
10/31/2022,ActiveTerm
0.5
.J. Klander
1/29/2019
10/31/2022,Active
Term
0.5
I.J. Lamoreux
5/16/2017
9/19/2017
Resigned 7/20/2017 due to changes
in my work
0.4
of 2
ow-L f;le, NUm6r
� a _ CV -- 4965-
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCI
CITY OF MOUNDS VIEW go
RAMSEY COUNTY, MINNESOTA pov
AP
Regular Meeting
January 23, 2017
Mounds View City Hall
2401 Mounds View Boulevard, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, January 23, 2017, City Council Agenda.
MOTIONISECOND: Gunn/Hull. To Approve the Monday, January 23, 2017, agenda as
amended.
Ayes — 4 Nays — 0 Motion carried.
5. PUBLIC INPUT
Emily Lange, 2558 Ridge Lane, asked if the sidewalk project on County Road H had been
delayed. Finance Director Beer explained this project died due to lack of funding from the
County and State.
6. SPECIAL, ORDER OF BUSINESS
A. NYFS Recognition of Officer Nate Garland
Police Chief Nate Harder announced the 2017 Service to Youth Award from NYFS had been
awarded to Mounds View Police Officer Nate Garland. He encouraged the Council to show their
support on February 9, 2017 at 5:30 p.m. at NYFS where Officer Garland will be presented with
this award.
Council Member Meehlhause explained he was the City's representative for NYFS and served as
the Chairman of the NYFS Board of Directors. He reported NYFS celebrated its 40`h anniversary
in May of 2016. He discussed the role of NYFS and the importance they have placed on working
with at risk youth. He described the benefits of the NYFS diversion program. He commented on
Mounds View City Council January 23, 2017
Regular Meeting Page 2
the recognition NYFS offers each year to individuals involved with youth and invited the Council
to attend the Service. to Youth Awards. He noted tickets for the event were $30.
Mayor Mueller requested Police Chief Harder pass along a hearty congratulations to Officer
Garland from the City Council. She then offered Officer Garland a round of applause.
7. COUNCIL BUSINESS
A. Resolution 8699, Approving Transfers Between Funds for 2016.
Finance Director Beer requested the Council approve transfers between funds for 2016. He
explained this action was taken on a yearly basis. He noted revenues were slightly higher than
anticipated which would increase the surplus transferred to the Special Revenue Fund. Staff
reviewed the proposed transfers in further detail and recommended approval.
Council Member Meehlhause asked if franchise fees were up due to the new housing in the City.
Finance Director Beer stated this may be part of it, along with the fact that residents were coming
Out of the economic downturn and were using cable services again.
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8699,
Approving Transfers Between Funds for 2016.
Ayes — 4 . Nays — 0 Motion carried.
B. Second Reading and Adoption of Ordinance 931, an Ordinance Amending
Section 105.04 of the Municipal Code Regarding; Council Meeting Times
(ROLL CALL VOTE).
City Administrator Ericson requested the Council adopt an Ordinance amending City Code
regarding Council meeting times. He reported this Ordinance was introduced at the January 9"
Council meeting. He explained the Council was interested in changing its meeting start time and
the proposed Ordinance would allow the Council to set -this by Resolution.
MOTIONISECOND: Gunn[Meehlhause. To Waive the. Second Reading and Adopt Ordinance
931, an Ordinance Amending Section 105.04 of the Mounds Vie City Code of the Municipal
Code Regarding Council Meeting Times.
Mayor Mueller requested that the City Council remain flexible and allow for public comment a
second time if a resident was not able to make a 6:00 p.m. meeting.
ROLL CALL: Gunn/Hull/Meehlhause/Mueller:
Ayes — 4 Nays _ 0 Motion carried.
C. Resolution 8701, Appointing Michael Richie to the Position of Project
Coordinator in the Public Works Department.
Mounds View City Council January 23, 2017
Regular Meeting Page 3
Assistant City Administrator Crane stated Brian Stenglein resigned from the position of Project
Coordinator in October of 2016. The Council authorized staff to authorize for this position.
Staff interviewed four qualified candidates and the consensus of staff was to recommend Michael
Richie to the position of Project Coordinator in the Public Works Department. It was noted this
appointment would be contingent upon satisfactory background, license and reference checks. If
approved, Mr. Richie would begin his employment with the City of Mounds View on or around
January 30tu.
Council Member Meehlhause requested a brief overview of this position. Assistant City
Administrator Cmne explained this position would be responsible for completing and
coordinating special projects far Public Works and would act as aproject manager reporting back
to the Public Works Director.
MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 8701,
Appointing Michael Richie to the Position of Project Coordinator in the Public Works
Department contingent upon satisfactory background, license and reference checks.
Ayes — 44 Nays _ 0 Motion carried:
D. Resolution 8703., Authorizing the Abatement of Nuisance Conditions at 2832
Mounds View Boulevard ("Tires `N More".).
City Administrator Ericson requested. the Council authorize the abatement of a nuisance
condition at the Tires IN More property located at 2.832 Mounds View Boulevard. He provided a
brief history of actions staff has requested from the property owner noting the stack of tires onsite
was growing, and noted there Were numerous junk vehicles: He explained the City has dealt with
this property in the past and the previous code enforcement officer had sent warnings to the
property owner. He indicated staff was working to keep this property consistent with Chapter
607 of City Code and for this reason, recommended the Council authorize the abatement. It was
noted the abatement would be completed on Wednesday or Thursday of this week.
Council Member Gunn asked if the two junk vehicles were still on the rear of the property. City
Administrator Ericson reported these two vehicles were still on the property the last time he
visited it.
Mayor Mueller questioned if the property had been plowed. City Administrator Ericson believed
activity was taking: place on the property other than retail.
Mayor Mueller inquired when the photos of the site were taken. City Administrator Ericson
explained he took these photos on January 12in
Mayor Mueller asked if the property owner was in attendance. The property owner was not in
attendance at the meeting.
Mounds View City Council January 23, 2017
Regular Meeting Page 4
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8703,,
Authorizing the Abatement of Nuisance Conditions at 2832 Mounds View Boulevard ("Tires `N
Moto").
Council Member Gunn stated a pile of tires appears periodically on this property. She
understood this wasn't the first time that tires have been placed on this. property. She was
pleased that the City would be taking action to clean this property.
Ayes — 4 Nays — 0 Motion carried.
8. CONSENT AGENDA
Council Member Meehlhause asked to remove Item 8B.
A. Resolution 8700, Renewing Lease Agreement with Dippin' Chocolates, Inc.,
at the Mounds. View Community Center.
BResolution l'tJ 'T88, Appoint Parks and --R ee reatio . and
Cb,Aifpers o n.
C. Resolution 8702, Approving a Settlement Agreement and Release of Claims.
D. Schedule a Public Hearing on Monday, February 27, 2017, at 7:00 p.m., to
Consider a Residential Kennel License to allow four (4) dogs at 8144 Pleasant
View Court. Applicant: Alison Caldwell.
MOTION/SECOND: Gunn/Meehlhause:, To. Approve the Consent Agenda as amended
removing Item 8B.
Ayes — 4 Nays — 0 Motion carried.
B. Resolution 8698, Appoint Parks and Recreation and Forestry Commission
Chairperson.
Council .Member Meehlhause thanked Gerald Are] for stepping forward and agreeing to serve as
the Chair on the Parks and Recreation and Forestry Commission. He thanked John Kroeger for
agreeing to be the Vice Chair.
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8698,
Appoint Parks and Recreation and Forestry Commission Chairperson:.
Ayes — 4 Nays — 0 Motion carried.
9. JUST AND CORRECT CLAIMS
Finance Director Beer answered the Councils questions related to claims.
MOTION/SECOND:. Meehlhause/Gunn. To Approve the Just and Correct Claims .as presented.
Mounds View City Council January 23, 2017
Regular Meeting Pa e 5
Ayes — 4 Nays — 0 Motion carried.
10. APPROVAL OF MINUTES
A. January 9, 2017, City Council Meeting Minutes.
Council Member Hull requested a correction on Page 1; Line 44 stating Allina was spelled
incorrectly.
MOTION/SECOND; Mueller/Hull. To Approve the January 9, 2017, City Council meeting
minutes as amended.
Ayes — 4 Nays — 0 Motion carried.
11. REPORTS
A. Reports of Mayor and Council.
Council Member Gunn stated she attended an I-35W Coalition meeting today and the group
received a post -election recap. It was noted Minneapolis would be approving the joint powers
agreement. She explained this project remained shovel ready but still lacked funding. She
provided further comment on the federal funding for this project and encouraged the City to draft
letters and send them to local representatives to gain support for this project. She provided
further comment on the proposed project including the benefits of the MnPASS lane.
Council Member Hull stated he would Pike to see the City donate $1,000 from the Bethlehem
Baptist donations to CPY on a yearly basis. He discussed the great work CPY was doing with at
risk youth and he wanted to see the City support this organization. The Council supported this
recommendation.
Council Member Meehlhause explained he attended a Twin Cities Gateway board meeting last
Tuesday. He noted this group continued to do well financially. He discussed the hospitality tax
collected. through November of 2016 and was pleased to report hospitality tax collections were
up 3%. He described how the City utilized gateway funds on a yearly basis. He thanked Steve
Markuson for the great work he does in marketing the nine communities involved in Twin Cities
Gateway. He suggested the Council invite Steve Markuson and Al Stauffacher to attend the
April worksession meeting to provide an update. The Council supported inviting Steve and Al to
the April work session meeting.
Mayor Mueller recommended a representative from the Twin Cities North Chamber of
Commerce also attend this meeting, along with representatives from the YMCA.
Council Member Meehlhause stated he would be attending an NYFS board meeting on Thursday.
He noted he would be attending a League of Minnesota Cities training event along with the
Mayor and Council Member Gunn on Friday and Saturday.
Mounds View City Council January 23, 2017
Regular Meeting Page 6
Council Member Meehlhause encouraged Mounds View residents to consider attending the
Service to Youth Awards event sponsored by NYFS on Thursday, February 9th where Officer
Nate Garland would be recognized for his efforts throughout the community.
Mayor Mueller reported she has attended several different Mayor's meetings in recent weeks.
She commented on the discussions held at these meetings. She noted she attended the Festival in
the Park planning meeting on Tuesday, January 17th. She encouraged those interested in getting
involved in this group to attend the next Festival in the Park meeting on Tuesday, February 21 st at
City Hall at 7:00 p.m.
Council Member Meehlhause thanked the Public Works Department for the great work on the
Random Park building.
Mayor Mueller stated she would be attending a Ramsey County Dispatch Policy Committee
meeting next Thursday.
B. Reports of Staff.
Police Chief Harder reported the Mounds View Police Department would be sponsoring a First
Annual Daddy Daughter Ball on February 14th at the YMCA from, 6:00 pm. to 8:00 p.m. He
stated this event would encourage strong families and a strong community. He commented
further on the importance of children having a strong father figure in their lives.
City Administrator Ericson reported the new Public Works facility would be bid oil Tuesday,
February 21 st and staff was hoping for a strong bidding climate.
City Administrator Ericson explained the: Ramsey County League of Local Government would be
meeting next on Thursday, February 23`d
1. Review Agenda for Council/Staff Retreat.
City Administrator Ericson reviewed the proposed agenda for the Council/Staff retreat. It was
noted the Council/Staff Retreat would beheld at the Community Center on Monday, January V'
at 6:00 p,m. The Council supported the agenda for the Council retreat as presented.
2. Discuss Receptionist/Recycling Coordinator Position.
City Administrator Ericson discussed the City's receptionist/recycling coordinator position. He
explained the temp that had been hired was doing a wonderful job on behalf of the City. He
asked if the Council would consider directing staff to negotiate and hire Kerrie Kane full time for
the position of receptionist/recycling coordinator. The Council supported staff hiring Ms. Kane
full time for the position.
Council Member Meehlhause appreciated how much Ms. Kane had helped out during the recent
election.
Mounds View City Council January 23, 2017
Regular Meeting Page 7
Mayor Mueller agreed and recommended staff proceed with the hire of Ms. Kane.
3. Review Charter Commission Questions RE.: Charter Section 4.05.
City Administrator Ericson reviewed several questions from the Charter Commission regarding
Charter Section 4.05, which was the portion of City Code relating to the filling of a vacant seat
on the City Council. He discussed the Charter requirements in further detail noting the City
would have to have hold a Special Election, which would cost roughly $10,000, in order to fill
the vacancy. Another for the Council to consider would be to appoint a Mounds View resident to
the vacancy if the opening was for less than two years.
City Administrator Ericson stated the Charter Commission was seeking clarifying inforination on
several questions. These questions were read in full to the Council and staff requested feedback
on how to proceed.
Council Member Gunn discussed the pros and cons of holding a Special Election. She
commented on the great amount of staff time that would be spent on this election and how low
the voter turnout would be. She supported a Special Election not being held unless there were
two years remaining on a term. She understood other cities have appointed City Council
members and this has worked out quite well.
Council Member Hull agreed with Council Member Gunn's comments and stated he supported
the proposed changes to the Charter.
Council Member Meehlhause was in favor of holding. a Special Election for seats that had over
two years remaining. He discussed the Special Election process, along with the staff time and
cost involved. He did not believe it made sense to hold a Special Election when an individual
would serve for less than a year or 15 months. He described his sons experience with the City
Council in Bemidji.
Mayor Mueller stated she did not know the history of those who wrote the Charter: She
understood there were some contentious times at the Council dais over the years and for this
reason, a Council appointment could assist in advancing a personal agenda. While she hoped
this would never happen in the City of Mounds View, she understood the reason for the Charter
being drafted as is. She supported a Special Election being held for seats with an opening more
than 365 days. She understood there were Council's that did not work well together and it was
her hope Mounds View could avoid this situation at all cost. She did not want to see a Mayoral
appointment become controversial or an area of contention for the City. She knew there would
be staff time and cost savings if the Special Election were eliminated, however she supported the
Charter as written.
City Attorney Riggs advised the Council on the other Charter cities he represented noting each
had a two-year time period for Special Elections, except for Mounds View. He reported this was
the requirement for statutory cities with the State as well.
Mounds View City Council January 23, 2017
Regular Meeting Page 8
Council Member Meehlhause believed it did not make sense to require a candidate to go through
two elections in less than a year and for this reason, he still .supported a change to the Charter.
Further discussion ensued regarding Special Election requirements for the City of Mounds View.
After mach discussion, the Council consensus was to move forward with recommending the
Charter be amended by Ordinance to only hold a Special Election for open seats with more than a
two-year time period remaining.
City Administrator Ericson stated the cost of the Special Election from Ramsey County was
estimated to be $1o,200. The Council supported this expense.
C. Reports of City Attorney.
City Attorney Riggs had nothing additional to report.
12. Council/Staff Retreat: Monday, January 30, 2017, at 6:00 p.m.
Next Council Work Session: Monday; February 6, 2017, at 7:00 p.m.
Next Council Meeting: Monday, February 13, 2017, at 7:00 p.m.
13. ADJOURNMENT
The meeting was adjourned at 8:.51 p.m
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial; Inc.
Tags: $NotJunk CVr-iL CJmber C
From: Brandon Clawson <bdclawson@gmail.com> (od — C`1 - f Q � J
To: Brian <bvamundsen@yahoo.com>, JThomas <jthomas@usinternet.com>, irookLt `p"�"es`
<blsjaguar@gmail.com>, Jerry Peterson <jerry.peterson@q.com>, Russell Warren
<russellawarren@gmail.com>, Justin Klander <justin.klander@gmail.com>, Nyle Zikmund
<nyle.zikmund@moundsviewmn.org>
Subject: July 16 Charter Commission Meeting Canceled
Date: Tue, 9 Jul 2019 19:35:24 -0500
Dear Charter Commission Members
I hope this email finds you all well. Last night the City Council
approved a letter to be sent to the Commission explaining some of the
actions the Council has taken regarding Commission membership since
our last meeting in May. The City Administrator will be sending me a
copy once the letter is finalized and I will forward it on to all of
you.
As Jonathan stated in a previous email, 1 will be acting as the Chair
for the next Commission meeting. As the acting Chair, it is my
responsibility to set the agenda for that meeting. Unfortunately, we
are down a Commission member, The City Attorney has advised me that
the Commission should not make any decisions regarding a change to
Charter language until we have a full complement of Commission
members. Because of this, I have decided to cancel our meeting
scheduled for Tuesday July, 16, 2019. Since we can't approve any
language changes there is no need to meet. Instead, our next meeting
will be the September 17, 2019 meeting at 6:30,
1 will Chair that meeting. Hopefully, we will have a full complement
of Commission members. We can then move on to electing new officers
and fulfilling our duties to the community.
Thank you all.
Brandon Clawson
Subject: Fw: Charter Commission Documents for May 21, 2019, st Meeting
Date: Thu, 16 May 2019 15:45:15 -0500 C1�vr, �r�l� /�;CI(Ylb��'
From. Brian <bvamundsen@yahoo.com>
Organization: Home & ®, — C V — �I
To: Marisa Reyes -Johnson <thepowerwithin.mr@gmail.com>, Jonathan Thomas
<jthomas@usinternet,com>, Brooks Staples <blsjaguar@gmail,com>, Justin Klander
<justin.klander@gmail.com>, Brandon Clawson <bdclawson@gmail.com>, Jerry Peterson
<jerry.peterson@q.com>, Russell Warren <russellawarren@gmail.com>, Nyle Zikmund
<nyle.zikmund@moundsviewmn org>
CC: Jenny Nelson <jennifer.nelson@moundsviewmn.org>, Vanessa Van Alstine
<vanessa. van. alstine@ci.mounds-view.mn.us>
Commission Members,
Attached are the Secretary's March 21, 2019, Minutes, Draft Meeting Date
Resolution, and the current Commission Mission Statement
resolution adopted in 2002, requested at the last Commission
meeting.
jenny, please have these items placed on the website for availability
to the public, and printed for Dennis Erickson,
Nyle, please email me the Time Savers minutes in MS
document format as requested in multiple emails since April 29. If
the Commission decides to use them, versus the typical minutes attached,
then I am able to CORRECT the minutes after the Commission meeting per
my duties.
commission members, please allow me to explain why these documents are
-oming separately, It is a result of a break down of the established
commission process and difference of opinion on duties of the
Secretary and authority of the Chair. I request an agenda item be added
:o our May 21 meeting to discuss the Secretary's duties listed in the
3ylaws and process to complete those duties.
have attempted to discuss the existing process and duties of
]ecretary and Chair, but have been either ignored (no reply) or
Dismissed, for my 17 years experience doing this function, by both the
hair and City Administrator. They have changed the process, excluded
he Secretary, and ignored the Bylaws and previous process established
)y the Commission. It is the Commission's decision, as stated in
itatutes, to determine its operations and procedures. If a change in
he Secretary's duties and resulting process are required, and I don't
hink there is, it is the Commissions decision not the Chair or the City
kdministrator, which is why I ask for it to be on Tuesday's
igenda.
'lease accept my request to support the discussion of this topic.
')incerely,
Brian Amundsen
ecretary, Charter Commission of Mounds View, MN
63-786-5699
;egin forwarded message:
Date: Mon, 29 Apr 2019 19:07:23 -0500
Frorn: Marisa Reyes <thepowerwithin,mr@gmail.com>
To: Brian <bvamundsen@yahoo.com>
Subje ect: Re: Charter Commission Documents for May 21st Meeting
Yes, I will have everything to you by that deadline.
Warmly,
Marisa
On Mon, Apr 29, 2019 at 6:21 PM Brian <bvamundsen@yahoo.com> wrote:
> Marisa,
> The Charter Commission meeting for May is only 3 weeks away. I'd like
> to send out the Agenda, Minutes and any other documents by
> May 13th, one week prior. Would it be possible for you to
> send an agenda to me by May 13th to include in the Charter
> Commission packet?
> The transcribe service has not sent any minutes from the March
> meeting. I've asked Nyle to follow-up and let me know if the Council
> approved the service. If approved by the Council, then when the
> minutes from the transcribe service would be available,
> Thanks,
> Brian Amundsen
> 763-786-5699
>
This email has been checked for viruses by Avast antivirus software.
https://www.avast,com/antivirus
[Res0202jun24copy.pdf application/pdf (118162 bytes)]
[CharterRes2019-04-Draft.pdf application/pdf (101332 bytes)]
[20190319Minutes.pdf application/pdf (62305 bytes)]